Legal Opinion
City of Mesquite v. PKG Contracting, Inc.
Texas Court of Appeals, 5th District (Dallas)
Decided October 2, 2008No. 05-07-00627-CVPublishedCited by 43 opinions
1Opinion of the Court
OPINION
Opinion by
Justice MOSELEY.
In this breach of contract case, the City of Mesquite appeals the denial of its plea to the jurisdiction. Because the legislature has clearly and unambiguously waived the City’s immunity from suit for the claims asserted against it in this case, we affirm the trial court’s order.
BACKGROUND
In October 1999, PEG contracted with the City to construct a storm drainage system. During the course of performance, disputes arose over which party was responsible for moving certain utilities from the construction right-of-way. PEG completed performance of the contract in…
2Cases cited5 opinions
- Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
- Bland Independent School District v. BlueTexas Supreme Court · 2000
- Tooke v. City of MexiaTexas Supreme Court · 2006
- PKG Contracting, Inc. v. City of MesquiteTexas Supreme Court · 2006
- City of Mesquite v. PKG Contracting, Inc., Texas Court of Appeals, 5th District (Dallas)2004
3Cited by43 opinions
- Zachry Construction Corporation v. Port of Houston Authority of Harris County, TexasTexas Supreme Court · 2014
- City of Houston v. Southern Electrical Services, Inc., Texas Court of Appeals, 1st District (Houston)2008
- Berkman v. City of Keene, Texas Court of Appeals, 10th District (Waco)2009
- City of North Richland Hills v. Home Town Urban Partners, Ltd., Texas Court of Appeals, 2nd District (Fort Worth)2011
- Clear Creek Independent School District v. Cotton Commerical USA, Inc. F/K/A Cottonwood Debris Company, LLCCourt of Appeals of Texas · 2017
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