511 S.W.3d 624
Tex. App.2015Background
- Joel Navar owned mobile-home lots in El Paso County and requested certificates of compliance under Tex. Loc. Gov't Code §232.028 so tenants could obtain utilities.
- County Road & Bridge lead planner Luis Rodriguez initially denied the certificates, later issued them after litigation; Navar nevertheless sued for money damages and declaratory relief.
- Navar alleged the County demanded relocation of homes and reconstruction of utilities, causing years-long inability to lease units and loss of rental income.
- County filed a plea to the jurisdiction asserting governmental immunity; trial court denied the plea without explanation; County appealed interlocutorily under Tex. Civ. Prac. & Rem. Code §51.014(a)(8).
- Navar pleaded a regulatory-taking claim (invoking Penn Central), a claim that the County’s conduct violated the Texas constitutional prohibition on retroactive laws, and sought declaratory relief about entitlement to certificates.
- The court considered whether Navar’s pleadings and evidence established jurisdiction over each claim in light of governmental immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Navar alleged a compensable regulatory taking | County’s refusal to issue certificates without legitimate basis unreasonably interfered with use/enjoyment (Penn Central factors: economic impact, investment-backed expectations, character of government action) | County argued Navar failed to plead a valid taking (no unfair advantage theory, not deprived of all use, misapplication of statute) | Court: Denied plea as to takings claim — Navar plausibly alleged a Penn Central regulatory-taking claim (affirmed in part) |
| Whether Navar’s claim alleging violation of Art. I, §16 (no retroactive laws) is viable against the County | Navar argued County’s insistence on relocation/reconstruction impaired accrued contractual/lease rights | County argued immunity bars suit and Navar challenges conduct not the statute itself | Court: Dismissed — claim barred by governmental immunity because Navar did not challenge the statute and pleaded only unlawful conduct (sustained) |
| Whether declaratory-judgment claim seeking entitlement to certificates is barred by immunity | Navar sought declaration of statutory rights under §232.028 and determinations about certificates | County argued Declaratory Judgments Act does not waive immunity for claims seeking declaration of statutory rights or for claims that government actors violated the law | Court: Dismissed — immunity bars declaratory relief as pleaded (sustained) |
| Scope of relief as to past official actions (ultra vires exception) | Navar sought declarations about past acts of County official Rodriguez | County argued ultra vires exception permits only prospective relief, not declarations about past acts | Court: Noted ultra vires available only for prospective relief; any claim seeking declaration about past actions is barred |
Key Cases Cited
- Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (standard for reviewing plea to the jurisdiction; consider pleadings and relevant evidence)
- City of Houston v. Carlson, 451 S.W.3d 828 (Tex. 2014) (challenge to procedural enforcement/infirmity of process is generally not a regulatory taking)
- Lingle v. Chevron U.S.A. Inc., 544 U.S. 528 (U.S. 2005) (takings clause covers proper interferences amounting to takings; misapplication of law is not a taking)
- Penn Cent. Transp. Co. v. City of New York, 438 U.S. 104 (U.S. 1978) (ad-hoc Penn Central test for regulatory takings: economic impact, investment-backed expectations, character of government action)
- Sheffield Dev. Co. v. City of Glenn Heights, 140 S.W.3d 660 (Tex. 2004) (application of Penn Central factors and recognition that loss of profits and proven profitable use are relevant)
- Gen. Servs. Comm’n v. Little-Tex Insulation Co., 39 S.W.3d 591 (Tex. 2001) (governmental immunity does not shield state from compensation claims under takings clause)
- City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex. 2009) (Declaratory Judgment Act waives immunity for challenges to statutes’ validity but not for claims seeking declarations of statutory rights or violations by government actors)