Kaufman County v. Combs
2012 Tex. App. LEXIS 6257
| Tex. App. | 2012Background
- Combs served as attorney ad litem and guardian of the ward's estate in a guardianship proceeding and sought payment of fees and expenses from 1995 to 2002.
- A September 12, 2002 guardianship order awarded Combs $143,168.95 but did not specify County payment responsibility and stated there were no funds in the estate to pay the award.
- Combs pursued payment from Kaufman County under Texas Probate Code §669; the county auditor required detailed records and the county argued the County was not responsible.
- Combs filed suit September 9, 2004 against the County and officials; the trial court dismissed for lack of subject matter jurisdiction; this Court previously held the guardianship court had jurisdiction and remanded.
- On remand, the trial court granted Combs summary judgments against the County; the County appeals arguing governmental immunity bars such relief.
- The court holds all Combs’s claims are barred by governmental immunity and reverses the trial court, dismissing Combs’s suit for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether governmental immunity bars Combs's relief | Combs seeks declaratory and mandamus relief under §669(a). | County immunity bars retrospective monetary relief and related declaratory/mandatory actions. | Barred; claims dismissed for lack of jurisdiction. |
| Whether takings claim survives immunity | County's failure to pay constitutes a taking of Combs's property interest in the fee order. | No valid taking; immunity bars monetary relief. | Barred; immunity applies. |
| Whether promissory estoppel claim is viable against immunity | Promises to pay were relied upon; seek relief for that reliance. | Promissory estoppel cannot circumvent immunity; only prospective relief if any. | Barred; immunity applies. |
| Whether due process and equal protection claims survive immunity | Counts framed as constitutional violations to compel payment. | No direct constitutional cause of action; immunity bars retrospective relief. | Barred; immunity applies. |
Key Cases Cited
- City of Dallas v. Albert, 354 S.W.3d 368 (Tex. 2011) (consent to sue and limits on immunity waivers)
- Tooke v. City of Mexia, 197 S.W.3d 325 (Tex. 2006) (statutory waivers of immunity must be clear and unambiguous)
- City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex. 2009) (ultra vires actions and prospective relief limitations)
- Williams v. City of Houston, 216 S.W.3d 827 (Tex. 2007) (declaratory judgments do not waive immunity for money damages)
- Sefzik v. Texas Dept. of Transportation, 355 S.W.3d 618 (Tex. 2011) (declaratory action limitations and sovereign immunity)
- Little-Tex Insulation Co., Inc. v. General Servs. Comm’n, 39 S.W.3d 591 (Tex. 2001) (takings analysis and government liability standards)