LTTS Charter School, Inc. v. C2 Construction, Inc.
342 S.W.3d 73
| Tex. | 2011Background
- LTTS Charter School, Inc. d/b/a Universal Academy is an open-enrollment charter school operating under Chapter 12 Education Code.
- C2 Construction filed a breach-of-contract lawsuit against Universal Academy for work on school facilities; Universal Academy filed a plea to the jurisdiction claiming immunity.
- Trial court denied the plea; Universal Academy appealed under Civ. Prac. & Rem. Code § 51.014(a)(8).
- Court of Appeals dismissed the interlocutory appeal for lack of jurisdiction, rejecting that Universal Academy is a 'governmental unit' under §101.001(3).
- Texas Supreme Court held that open-enrollment charter schools qualify as a 'governmental unit' under §101.001(3)(D) and may appeal interlocutorily, remanding for merits.
- Dissent argued privately run charter schools do not derive status from legislation and thus lack 'governmental unit' status for §51.014(a)(8).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether open-enrollment charter schools are governmental units under §101.001(3)(D). | Universal Academy derives status from statutes; qualifies as governmental unit. | LTTS lacks derivation from legislation; not a governmental unit. | Yes; open-enrollment charter schools are governmental units. |
| Whether the 'status and authority' of open-enrollment charter schools derives from statute. | Statutes confer status and authority to charter schools. | Charter status arises from Board actions, not legislature creating a governmental unit. | Status and authority derive from the comprehensive statutory regime. |
| Whether the court of appeals properly lacked jurisdiction to hear the interlocutory appeal. | Charter schools fall within §101.001(3)(D); interlocutory appeal proper. | Private, privately run charter schools are not within the statute’s governmental-unit scope. | Court of Appeals correctly dismissed? No; Supreme Court reversed, granting jurisdiction. |
Key Cases Cited
- Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352 (Tex. 2001) (strictly construed §51.014 as narrow exception to final judgments)
- First Am. Title Ins. Co. v. Combs, 258 S.W.3d 627 (Tex. 2008) (statutory interpretation and de novo review of statute)
- Klein v. Hernandez, 315 S.W.3d 1 (Tex. 2010) (statutory interpretation principles)