Waco Independent School District v. Gibson

Justice BAKER, Justice ABBOTT, Justice HANKINSON, Justice O’NEILL, and Justice GONZALES.

The court of appeals asserted jurisdiction over this interlocutory appeal, but concluded that it could not decide Waco Independent School District’s standing and ripeness challenges to the plaintiffs’ case for the first time on appeal because WISD did not properly preserve them for review.1 We held in Texas Association of Business v. Texas Air Control Board (TAB), however, that subject matter jurisdiction challenges cannot be waived, and may be raised for the first time on appeal.2 Because standing and…