M.T.D. Environmental, L.L.P. v. City of Midland

MEMORANDUM OPINION ON MOTION FOR REHEARING

TERRY MeCALL, Justice.

In its motion for rehearing, the City of Midland has raised the issue of governmental immunity. This question was not raised on appeal by either party, and the majority opinion only addressed *613the questions that were raised. As the court stated:

We hold only that Subchapter C in itself gives MTD the right to resolve its dispute in court. While we are aware that this court can address the issue of governmental immunity on its own, we decline to do so because that issue was neither fully developed below nor briefed in this court.

M.T.D…