385 S.W.3d 701
Tex. App.2012Background
- EPEI sought to open an open-enrollment charter school in El Paso and negotiated a lease with Amex Properties for 1441 North Zaragoza Road.
- A Lease Agreement was signed by Burnham (on behalf of EPEI) and Martinez (on behalf of Amex), stating execution as of April 17, 2008, and later signed by both parties.
- A certificate of acknowledgement documented Burnham’s signature on April 24, 2008 and Martinez’s signature on April 25, 2008.
- Martinez verbally informed the charter school of execution on or after April 25, 2008; Amex later claimed they had a signed lease, while the charter school contends no binding contract existed.
- The charter school filed a plea to the jurisdiction arguing immunity from suit due to lack of an enforceable contract; Amex argued a valid contract existed that waived immunity.
- The trial court denied the plea to the jurisdiction, and EPEI appealed to challenge the ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a contract was formed that waives immunity under 271.152. | EPEI argues no enforceable contract formed; immunity remains. | Amex contends a valid contract existed and immunity is waived. | Yes, contract formed; immunity waived. |
Key Cases Cited
- City of Houston v. Williams, 353 S.W.3d 128 (Tex. 2011) (waiver under 271.152 elements established for a local governmental entity)
- LTTS Charter School v. C2 Construction, Inc., 342 S.W.3d 73 (Tex. 2011) (open-enrollment charter school treated as local governmental entity for 271.152)
- LTTS Charter School, Inc. v. C2 Construction, Inc., 358 S.W.3d 725 (Tex. App.—Dallas 2011) (charter school status for waiver purposes)
- Miranda v. Tex. Dep’t of Parks & Wildlife, 133 S.W.3d 217 (Tex. 2004) (plea to jurisdiction standard and factual review)
- El Paso Cmty. Coll. Dist. v. Chase, 355 S.W.3d 164 (Tex.App.–El Paso 2011) (jurisdictional review under Rule 166a; intertwinement of merits)