Harris County v. Cypress Forest Public Utility District of Harris County

OPINION

MURPHY, Chief Justice.

Appellee filed suit under the Texas Tort Claims Act (“the Act”) seeking damages for appellant’s placing of hazardous materials on appellee’s property. Appellant raised special exceptions and sought a plea in abatement on May 10, 1999, alleging that appellee failed to allege facts sufficient to invoke the limited waiver provisions of the Act, and that appellee failed to provide notice as required by the Act. The trial court sustained appellant’s special exceptions requiring appellee to amend its original petition. Appellee filed its First Amended Petition on August…