Housing Authority of the City of Dallas v. Killingsworth
331 S.W.3d 806
Tex. App.2011Background
- Killingsworth sued DHA for breach of a written employment contract to hire him as DHA's President/CEO/Secretary of the Board.
- Contract allegedly signed by DHA Board Chairman Brignon with authority and the board voted in executive session; minutes reflect an admission of the vote.
- DHA asserted immunity to suit under the Local Government Code, arguing the contract was not properly executed per policies and procedures and not approved at a proper meeting.
- DHA counterclaimed for a declaratory judgment that the contract was void and sought fees; DHA also moved for summary judgment on the counterclaim.
- The trial court denied DHA's plea to the jurisdiction and summary judgment; DHA appealed under §51.014(a)(8).
- Statutory framework provides a waiver of immunity for contracts that are properly executed on behalf of a local governmental entity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the contract properly executed to waive immunity under 271.152? | Killingsworth contends execution complied with applicable authority and approvals. | Killingsworth allegedly failed DHA procedures and TOMA correctness; no proper execution. | Yes; Killingsworth pleads and evidence create a fact question on proper execution. |
| Did DHA's counterclaim waive immunity? | N/A (Killingsworth seeks waiver through contract; DHA denies). | Counterclaim sought voidness/declaratory relief; not a monetary claim; does not waive immunity. | No; counterclaim does not waive immunity. |
Key Cases Cited
- Texas Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex.2004) (plea to jurisdiction; de novo review of jurisdictional issues; liberally construe pleadings)
- IT-Davy v. Natural Res. Conservation Comm'n, 74 S.W.3d 849 (Tex.2002) (jurisdictional facts; review of evidence supporting jurisdiction)
- Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex.2000) (jurisdictional evidence; limits of evidentiary review)
- Concerned Cmty. Involved Dev., Inc. v. City of Houston, 209 S.W.3d 666 (Tex.App.-Houston [14th Dist.] 2006) (jurisdictional issues; pleading sufficiency to establish courts’ jurisdiction)
- Reata Constr. Corp. v. City of Dallas, 197 S.W.3d 371 (Tex.2006) (immunity waiver when governmental entity asserts monetary relief; counterclaims)
- City of Dallas v. Jones, 331 S.W.3d 781 (Tex.App.-Dallas 2010) (claims for declaratory relief and attorney's fees; immunity considerations)