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 http://www.tml.org/p/AMICUSBRIEFUPDATE02.10.2014.pdf

Contractual Immunity: Wasson Interests v. City of Jacksonville, No. 12-13-00262-CV in the Twelfth Court of Appeals.  TML and TCAA filed an amicus letter brief in support of the City of Jacksonville.  Wasson Interests filed suit against the City of Jacksonville asserting breach of contract related to a lease agreement the city entered into with Wasson Interests.  The trial court granted the City of Jacksonville’s plea to the jurisdiction prompting this appeal.  Our brief provides the policy and legal basis for the legislature’s waiver of governmental immunity in the limited circumstance of a written contract.  We argue that the proprietary-governmental dichotomy found in the Texas Tort Claims Act does not apply to waiver of immunity claims in the contract settingThe brief was filed on February 5, 2014.