Legal Opinion

Lamesa Independent School District v. Booe

Texas Court of Appeals, 11th District (Eastland)

Decided March 27, 2008No. 11-03-00394-CVPublishedCited by 10 opinions

1Opinion of the Court

OPINION ON REMAND

JIM R. WRIGHT CHIEF, Justice.

This case involves the denial of a school district’s plea to the jurisdiction. In our original opinion, 1 we held that the “sue and be sued” language of Tex. Educ.Code AnN. § 11.151 (Vernon 2006) waived immunity from suit. The Texas Supreme Court subsequently determined that this language did not constitute a clear and unambiguous waiver of immunity. Tooke v. City of Mexico, 197 S.W.3d 325 (Tex.2006); Satterfield & Pontikes Constr., Inc. v. Irving Indep. Sch. Dist., 197 S.W.3d 390 (Tex.2006). Based upon Tooke and Satterfield, the supreme court…

2Cases cited7 opinions

  1. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  2. Texas Natural Resource Conservation Commission v. IT-DavyTexas Supreme Court · 2002
  3. Tooke v. City of MexiaTexas Supreme Court · 2006
  4. Reata Construction Corp. v. City of DallasTexas Supreme Court · 2006
  5. Travis County v. Pelzel & Associates, Inc.Texas Supreme Court · 2002

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3Cited by10 opinions

  1. Veterans Land Board v. Lesley, Texas Court of Appeals, 11th District (Eastland)2009
  2. Donna Independent School District v. Gracia, Texas Court of Appeals, 13th District2008
  3. Texas Department of Criminal Justice v. McBrideTexas Supreme Court · 2010
  4. Donna Independent School District v. Gracia, Texas Court of Appeals, 13th District2008
  5. Texas Department of Criminal Justice v. Kirk Wayne McBride, Sr.Texas Supreme Court · 2010

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