Legal Opinion
City of Mexia v. Tooke
Texas Court of Appeals, 10th District (Waco)
Decided August 13, 2003No. 10-02-261-CVPublishedCited by 32 opinions
1Opinion of the Court
OPINION
REX D. DAVIS, Chief Justice.
In this appeal, we decide whether section 51.075 of the Texas Local Government Code provides a waiver of immunity from suit for home-rule municipalities. Texas appellate courts are divided on this issue. We conclude that section 51.075 does not constitute a “clear and unambiguous” waiver of immunity from suit.
BACKGROUND
The City of Mexia contracted with J.E. Tooke and Sons (“Tooke”) for curbside collection of brush and leaves within the city. The contract was automatically renewable each year unless either party gave written notice of an intent to terminate…
2Cases cited32 opinions
- Texas Natural Resource Conservation Commission v. IT-DavyTexas Supreme Court · 2002
- Federal Sign v. Texas Southern UniversityTexas Supreme Court · 1997
- General Services Commission v. Little-Tex Insulation Co.Texas Supreme Court · 2001
- Wichita Falls State Hospital v. TaylorTexas Supreme Court · 2003
- University of Texas Medical Branch v. YorkTexas Supreme Court · 1994
27 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Tooke v. City of MexiaTexas Supreme Court · 2006
- City of San Antonio v. Butler, Texas Court of Appeals, 4th District (San Antonio)2004
- City of Houston v. Clear Channel Outdoor, Inc., Texas Court of Appeals, 14th District (Houston)2004
- City of Texarkana v. Cities of New Boston, Texas Court of Appeals, 6th District (Texarkana)2004
- United Water Services, Inc. v. City of Houston, Texas Court of Appeals, 1st District (Houston)2004
27 more not listed; retrieve them via the Exa API.