Legal Opinion

Lewisville Independent School District v. CH Townhomes, Inc.

Texas Court of Appeals, 2nd District (Fort Worth)

Decided April 21, 2011No. 02-10-00338-CVPublishedCited by 2 opinions

1Opinion of the Court

OPINION

BILL MEIER, Justice.

I.INTRODUCTION

Appellant Lewisville Independent School District (LISD) appeals an order denying its plea to the jurisdiction and motion to dismiss. Because we hold that tax code section 31.11 does not clearly and unambiguously express a legislative intent to waive governmental immunity from suit, we will reverse the trial court’s order and render judgment dismissing Appellee CH Townhomes, Inc.’s (CHT) suit against LISD.

II.FACTUAL AND PROCEDURAL BACKGROUND

CHT filed its original petition for a tax refund against LISD in July 2008. It alleged that LISD had sued it in…

2Cases cited17 opinions

  1. Bland Independent School District v. BlueTexas Supreme Court · 2000
  2. Texas Natural Resource Conservation Commission v. IT-DavyTexas Supreme Court · 2002
  3. Texas Department of Transportation v. JonesTexas Supreme Court · 1999
  4. Wichita Falls State Hospital v. TaylorTexas Supreme Court · 2003
  5. Texas Department of Criminal Justice v. MillerTexas Supreme Court · 2001

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

3Cited by2 opinions

  1. S.W., as Next Friend of A.W. v. Arlington Independent School District and Lindsey Foster, Texas Court of Appeals, 2nd District (Fort Worth)2014
  2. Nueces County, Texas, Nueces County Hospital District, Del Mar Public Junior College District, City of Corpus Christi, and Port Aransas Independent School District v. Sundial Owner's Association, Inc., Texas Court of Appeals, 13th District2019

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