Texas Parks & Wildlife Department v. Sawyer Trust
354 S.W.3d 384
| Tex. | 2011Background
- Trust owns Donley County land crossed by Salt Fork; Trust seeks a declaratory judgment that Salt Fork is not navigable and that the Trust owns the streambed.
- Texas Parks and Wildlife Department (Department) asserts sovereign immunity and navigability determination affects state title to bed.
- Trial court denied Department’s jurisdictional plea; Department previously took position that Salt Fork is navigable.
- GLO surveyor visited the bed and concluded navigable; Trust amended to include takings theory.
- Court of Appeals held DJA declaratory relief could proceed and navigability could be judicially determined; sovereign immunity not implicated.
- Court reverses to dismiss declaratory claims as barred by sovereign immunity but allows ultra vires claim against state officials; remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the DJA claims are barred by sovereign immunity | Sawyer Trust | Department | Yes; DJA claims barred by immunity |
| Whether navigability determinations fall within a waiver of immunity | Trust | Department | No; navigability is not an immunity waiver; action barred as title dispute |
| Whether Trust has a viable takings claim | Trust | Department | No; takings claim not cognizable where title dispute governs relief |
| Whether the Trust may amend to assert an ultra vires claim against state officials | Trust | Department | Yes; ultra vires claim permissible against officials; remand accordingly |
| Whether the case should be remanded to allow ultra vires pleading against officials | Trust | Department | Yes; remand for potential ultra vires pleadings |
Key Cases Cited
- State v. Lain, 162 Tex. 549, 349 S.W.2d 579 (Tex. 1961) (sovereign immunity bars suit for land unless waived; officials may be sued in ultra vires actions)
- State v. Bradford, 121 Tex. 515, 50 S.W.2d 1065 (Tex. 1932) (navigability is a judicial question; state ownership of bed depends on navigability)
- City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex. 2009) (DJ A does not automatically waive immunity; ultra vires relief available against officials)
- Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (DJA is procedural, not a general waiver of immunity)
- IT-Davy, 74 S.W.3d 849 (Tex. 2002) (DJA does not alter jurisdiction; immunity remains unless waived)