Goerlitz v. City of Midland

OPINION

DAVID WELLINGTON CHEW, Justice.

The opinion dated December 12, 2002 is hereby withdrawn and the following opinion is substituted.

Appellant Roger Goerlitz d/b/a American Wood Waste Recycling appeals from the trial court’s granting of a plea to the jurisdiction and dismissal of the case for want of jurisdiction in favor of Appellee, the City of Midland, Texas. On appeal, Appellant raises four issues all related to the trial court’s dismissal of the case for want of jurisdiction. We reverse and remand.

Appellant is in the business of grinding wood waste into mulch. Appellee contracted with…