Cozby v. City of Waco

OPINION

REX D. DAVIS, Chief Justice.

Warren and Lillian Cozby filed suit against the City of Waco (the “City”) and O’Reilly Automotive, Inc. to resolve a dispute among the parties regarding an alley which runs between a tract of land owned by the Cozbys and a tract owned by O’Reilly. The City filed a plea to the jurisdiction premised on sovereign immunity. The City filed a summary judgment motion three weeks later. The trial court conducted a hearing on these pleadings and signed an order granting the City’s plea to the jurisdiction and “in the alternative” the summary judgment motion. The…