Port of Houston Authority v. Aaron
2013 Tex. App. LEXIS 11430
| Tex. App. | 2013Background
- Ninety-five property owners sue the Port of Houston Authority under the TTCA for negligent nuisance and nuisance per se due to Bayport Terminal operations causing excessive noise, light, and pollutants.
- Plaintiffs allege harms to homes and persons, including sleep deprivation, mental anguish, diminished property values, and loss of enjoyment of property.
- Port Authority moves to dismiss on governmental-immunity grounds; trial court denied, and the Port Authority appealed.
- Bayport Terminal is a public work operated by the Port Authority, involving complex multi-party processes (ship berthing, stevedoring, RTGs, trucks) and shared operations.
- TTCA 101.021 waives immunity for property damage or personal injury from operation of motor-driven equipment or from conditions of property, but only for particularized injuries, not community damages.
- Court applies the community-damages rule, holding damages are shared by the surrounding community and not actionable property damage or personal injury under §101.021; immunity remains for property-damage and personal-injury claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does TTCA §101.021 waive immunity for community damages | Property damage includes light/noise/chemicals harming homes | Damages are community harms, not individual property damage | Immunity not waived; damages are community damages not recoverable |
| Are mental-anguish and sleep-deprivation damages within §101.021 | Damages include sleep deprivation and mental anguish linked to property damage | Mental anguish not recoverable under §101.021 without physical injury | Immunity remains; mental-anguish damages not within §101.021 as a personal-injury waiver under Likes |
| Can nuisance claims against a government unit fall under TTCA immunity | Nuisance claims may be protected by TTCA waivers | TTCA waivers narrowly construed; community damages excluded | TTCA immunity applies to these nuisance claims; dismissal appropriate |
Key Cases Cited
- Felts v. Harris Cnty., 915 S.W.2d 482 (Tex. 1996) (community damages preclude recovery for public works)
- Tex. Dep ’t of Transp. v. City of Sunset Valley, 146 S.W.3d 637 (Tex. 2004) (noise from public works generally not compensable as property damage)
- City of Tyler v. Likes, 962 S.W.2d 489 (Tex. 1997) (mental-anguish damages for property damage not recoverable; limits on §101.021 waiver)
- Jennings v. City of Dallas, 142 S.W.3d 310 (Tex. 2004) (TTCA may waive immunity for certain nuisance claims)
- City of Seabrook v. Port of Houston Auth., 199 S.W.3d 403 (Tex.App.-Houston (1st Dist.) 2006) (defines governmental unit; discusses immunity boundaries)
- G. C. & S. F. Ry. v. Fuller, 63 Tex. 467 (Tex. 1885) (community damages concept in takings/history of no private remedy)