State Ex Rel. City of Marston v. Mann

ORIGINAL PROCEEDING IN PROHIBITION

Judge David C. Mann (Respondent) denied the City of Marston’s (Relator) motion to dismiss for failure to state a cause of action upon which relief can be granted. The motion is based on the defenses of sovereign immunity and the public duty doctrine.. The Relator seeks a Writ of Prohibition, alternatively in Mandamus, to restrain Respondent from proceeding with the case against Relator. We issued a Preliminary Order in Prohibition, which we now make absolute as amended.

In the underlying lawsuit, Carl and Peggy Allred (Plaintiffs) allege that Relator is liable…