TCAA/TML Legal Defense Program: Amicus Briefs and Comments Filed

TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to https://www.tml.org/p/AmicusBriefUpdate_091117.pdf.

Contractual ImmunityWasson Interests v. City of Jacksonville, No. 17-0198, in the Supreme Court of Texas. TML and TCAA filed an amicus brief in support of the City of Jacksonville. Wasson Interests filed a petition for review arguing that the court of appeals incorrectly concluded that leasing lakefront property is a governmental function. The court of appeals determined that the acts forming the basis of Wasson Interests’ suit were part of the City of Jacksonville’s governmental functions. TML and TCAA asked that the Texas Supreme Court refrain from granting the petition for review to answer this question. If the court does grant the petition for review, TML and TCAA argue that the court should conclude that the formation, performance, and termination of the lease agreement in question involve governmental functions of the city. Specifically, that entering into the lease agreement implicates a city’s zoning authority and that a city is authorized to regulate its water utility in a manner that protects the city’s interests. The brief was filed September 8, 2017. 

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