Davis v. City of Palestine

HOLCOMB, Justice.

Harold Davis and Patricia Ann Davis (“Davis”) sued the City of Palestine (“the City”) pursuant to Tex.Civ.Prac. & Rem.Code Ann. § 101.001 et seq., commonly known as the Texas Tort Claims Act (“the Act”), for damages to their business property. They also alleged an unconstitutional taking of that property. The trial court rendered summary judgment in favor of the City. On appeal, Davis contends that summary judgment was improper because he stated a cause of action under the Act, sovereign immunity did not protect the City, and the City failed to meet its summary judgment…