Harris County Housing Authority v. Guy Rankin, IV
414 S.W.3d 198
| Tex. App. | 2013Background
- Rankin sued Harris County Housing Authority for breach of contract, anticipatory breach, and fraud after a buy-out agreement.
- Original employment contract allowed termination with a full year’s salary as severance.
- Housing Authority approved a March 21, 2012 buy-out agreement to relinquish Rankin as CEO.
- Buy-out required a severance payment and included mutual release of claims.
- Board approved the buy-out but did not pay severance, prompting Rankin’s April 30, 2012 suit.
- The Authority claimed governmental immunity; the trial court denied dismissal, and the Court of Appeals addressed jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether immunity was waived for breach of contract | Rankin argues §271.152 waives immunity | Rankin relies on Lawson to defeat immunity; Authority argues waiver not applicable | Waiver under §271.152 applies; breach claim not barred by immunity |
| Whether immunity was waived for anticipatory breach | Rankin asserts waiver via §271.152 and Lawson | Authority contends waiver applies to contract claims in general | Anticipatory breach also waived; suit may proceed on this claim |
| Whether fraud claim is barred by governmental immunity | Rankin claims immunity does not bar fraud | Authority: fraud claims are barred by immunity | Fraud claim barred; immunity from suit applies |
Key Cases Cited
- Ben Bolt-Palito Blanco Consol. Indep. Sch. Dist. v. Tex. Political Subdivisions Prop./Cas. Joint Self-Ins. Fund, 212 S.W.3d 320 (Tex. 2006) (immunity from suit is waivable by explicit language in statute)
- Lawson v. University of Texas, 87 S.W.3d 518, 87 S.W.3d 518 (Tex. 2002) (settlement cannot revive waived immunity for a different claim)
- Singer v. City of Carrolton, 232 S.W.3d 793 (Tex. 2009) (scope of Lawson includes resolutions of settled claims)
- Kalyanaram v. Univ. of Tex. Sys., 230 S.W.3d 921 (Tex. App.—Dallas 2007) (illustrates Lawson application to university settlements)
- Gracia v. Donna Indep. Sch. Dist., 286 S.W.3d 392 (Tex. App.—Corpus Christi 2008) (immunity analyzed where administrative remedies were not exhausted)