Parker v. HUNEGNAW
2012 Tex. App. LEXIS 2364
| Tex. App. | 2012Background
- Hunegnaw granted a durable general power of attorney to Herbert with authority to dispose of real property, including 7404 Scott Street and other lots on 36F/36G, among others.
- Herbert used Hunegnaw's rubber-stamped signature to transfer Lots 36A, 36B, 36F, 36G, and 36H to Treasa Antony via general warranty deeds.
- Antony sold Lots 36A, 36B, and 36H to the City of Houston in 2008 via a general warranty deed.
- Hunegnaw alleges the Antony transfers were unauthorized and forged, and that the City’s deed did not transfer true title; he seeks to quiet title and injunct Parker from possession.
- Parker, City mayor, is sued in her official capacity only; she moves for plea to the jurisdiction claiming governmental immunity.
- Trial court denied Parker’s plea; no reporter’s record of the hearing; appellate review focuses on whether Hunegnaw’s pleadings state a jurisdictionally viable trespass-to-try-title claim against Parker.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hunegnaw’s claim against Parker in her official capacity falls within an exemption to governmental immunity | Lain applies; official-capacity suit can proceed against officials for possession disputes. | Suit is barred by immunity because it targets the City’s title; Lain is distinguishable or no waiver. | Plea denied; Lain applies; jurisdiction exists. |
| Whether Lain remains viable and applicable to resolve a trespass-to-try-title action against a governmental official | Lain supports jurisdiction and procedures for title dispute against officials. | Lain is outdated or inapplicable to the present rival-title context. | Lain remains viable and applicable; Sawyer Trust confirms continued relevance. |
| Whether Parker proved the City holds superior title to the property | Parker cannot win on the merits without a proper title showing; the hearing record is absent. | Deed to the City shows superior title; forged prior deeds do not void City’s title. | Merits not resolved due to lack of evidentiary record; denial of Parker’s plea affirmed on jurisdictional grounds. |
Key Cases Cited
- State v. Lain, 349 S.W.2d 579 (Tex. 1961) (establishes trespass-to-try-title viability against officials and procedural framework)
- Sawyer Trust, 354 S.W.3d 384 (Tex. 2011) (confirms Lain viability and treats official-capacity actions as ultra vires-type where appropriate)
- Heinrich, 284 S.W.3d 366 (Tex. 2009) (ultra vires relief may be available; official acts outside authority distinct from sovereign immunity)
- Miranda, 133 S.W.3d 217 (Tex. 2004) (plea to jurisdiction implicating merits requires function akin to summary-judgment proof)
- BP Am. Prod. Co. v. Fleming, 290 S.W.3d 345 (Tex. App.—Austin 2009) (treats Lain principles in the context of sovereign immunity and official-suit proceedings)