Lower Colorado River Authority v. City of Boerne, Texas

OPINION

Opinion by:

REBECA C. MARTINEZ, Justice.

The Lower Colorado River Authority (“LCRA”), a political subdivision of the State, appeals the portion of the trial court’s order granting the City of Boerne’s plea to the jurisdiction, thereby immunizing the City from LCRA’s suit for declaratory relief. We decline to overrule City of San Antonio ex rel. City Pub. Serv. Bd. v. Wheelabrator Air Pollution Control, Inc., 381 S.W.3d 597 (Tex.App.-San Antonio 2012, pet. denied), and affirm the trial court’s order.

Factual and PROCedural Background

In 1974, under the authority of its enabling legislation,…