City of Houston v. Daniels

I write separately to concur and clarify one point in the majority opinion and to dissent on the remainder of the opinion.

I agree with the majority that the summary judgment standard applies to this case because the City chose to use a motion for summary judgment as the vehicle to raise its jurisdictional issue. By choosing this vehicle, the City both limited the way in which it could present evidence and subjected itself to a higher standard of review. Bland Ind. School Dish v. Blue, 34 S.W.3d 547, 554 (Tex.2000) (when deciding a plea to the jurisdiction, a court is not required to look only…