Legal Opinion

Texas Bay Cherry Hill, L.P. v. City of Fort Worth

Court of Appeals of Texas

Decided May 29, 2008No. 2-06-325-CVPublishedCited by 80 opinions

1Opinion of the Court

OPINION

ANNE GARDNER, Justice.

I. Introduction

Texas Bay Cherry Hill, L.P. (“Cherry Hill”) appeals from a trial court order granting the City of Fort Worth’s plea to the jurisdiction and dismissing Cherry Hill’s claims against former Fort Worth City council member Becky L. Haskin. This appeal presents four key questions: (1) whether the City was engaged in a governmental function — and therefore immune from suit — or a proprietary function — and therefore subject to suit — when it allegedly committed the acts made the basis of Cherry Hill’s claims for business disparagement, tortious…

Also in this document: Dissent.

2Cases cited42 opinions

  1. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  2. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  3. Bland Independent School District v. BlueTexas Supreme Court · 2000
  4. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  5. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985

37 more not listed; retrieve them via the Exa API.

3Cited by80 opinions

  1. City of Arlington v. RandallCourt of Appeals of Texas · 2009
  2. City of Houston v. Guthrie, Texas Court of Appeals, 1st District (Houston)2010
  3. Singleton v. Casteel, Texas Court of Appeals, 14th District (Houston)2008
  4. City of Houston v. Gloria Esparza, Texas Court of Appeals, 1st District (Houston)2011
  5. East Houston Estate Apartments, L.L.C. v. City of Houston, Texas Court of Appeals, 1st District (Houston)2009

75 more not listed; retrieve them via the Exa API.

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