448 S.W.3d 507
Tex. App.2014Background
- City of San Antonio sought condemnation of adjoining properties for street widening and obtained a possession and use agreement (PUA) granting early possession subject to compensation determinations.
- Condemnation remained pending while the PUA contemplated future resolution of compensation and condemnation rights.
- Appellees later sued the City in district court for breach of the PUA and attorneys’ fees, arguing the condemnation waiver of immunity extended to this breach due to Lawson.
- City pled immunity, arguing the PUA did not settle the condemnation claims and did not waive immunity; trial court denied the plea.
- PUA language expressly states that total compensation and the right to condemn will be resolved in the future and does not prejudge compensation or condemnation rights.
- Court reverses, holding Lawson does not apply, the PUA did not settle a taking claim, and no statutory waiver was proven; dismisses suit with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Lawson extend the waiver to the breach action? | Appellees contend the waiver from condemnation extends to breach under Lawson. | City argues Lawson does not apply because the PUA did not settle a taking claim. | Lawson does not apply; waiver not inherited. |
| Did the PUA settle the taking claim and thus waive immunity? | PUA partially settled or resolved issues in condemnation, implying waiver. | PUA does not conclusively settle taking rights or compensation. | PUA did not settle the taking claim; immunity not waived. |
| Was there a waiver of immunity by statute/Gov’t Code §271.152? | Appellees rely on statutory waiver for contracts for goods or services. | City shows no genuine issue on statutory waiver. | No genuine statutory waiver proven; plea to jurisdiction proper. |
| Did the trial court have subject matter jurisdiction over the breach suit? | If immunity is waived, jurisdiction remains; otherwise not. | Immunity not waived by Lawson or statute. | Trial court erred by denying the plea; dismissal appropriate. |
Key Cases Cited
- Texas A&M Univ.–Kingsville v. Lawson, 87 S.W.3d 518 (Tex. 2002) (waiver of immunity extends to enforcing a settlement of a waived claim)
- City of Carrollton v. Singer, 232 S.W.3d 790 (Tex. App.—Fort Worth 2007) (settlement-of-claim waiver can be inherited if the settlement fully disposes of a claim)
- Holland v. City of Dallas, 221 S.W.3d 639 (Tex. 2007) (sovereign immunity defeated if undisputed evidence negates jurisdiction)
- Miranda v. Texas Parks & Wildlife, 133 S.W.3d 217 (Tex. 2004) (plea to jurisdiction standard; de novo review; undisputed evidence governs)
- Whittington v. City of Austin, 384 S.W.3d 766 (Tex. 2012) (elements of taking claim and waiver framework)
- City of San Antonio v. Reed S. Lehman Grain, Ltd., No. 04-04-00930-CV, 2007 WL 752197 (Tex. App.—San Antonio 2007) ( relied upon for statutory contract-immunity scope)