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· 3/2/2007

City of Galveston v. State

Citations

  • 217 S.W.3d 466
  • 50 Tex. Sup. Ct. J. 513
  • 2007 Tex. LEXIS 193
  • 2007 WL 624076

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that absent clear and unambiguous consent from Legislature, State could not sue home-rule city for damages for negligence resulting in damage to State property
  • recognizing that municipalities' governmental immunity applies against the State and not merely private parties
  • stating that home-rule cities are immune from suit for government functions unless a state statute limits immunity
  • cautioning that the nonexistence of immunity “could become a ruse for avoiding the Legislature, [and] courts should be very hesitant to declare immunity nonexistent in any particular case.”
  • noting states joining the federal system had forfeited certain attributes of sovereignty, but not traditional immunity from private suits, “an inherent attribute of sovereignty”
  • noting states joining the federal system had forfeited certain attributes of sovereignty, but not traditional immunity from private suits, \an inherent attribute of sovereignty\

Source: CourtListener parenthetical corpus (CC0).

Judges: Brister, O'Neill, Green, Medina, Johnson, Willett, Jefferson, Hecht, Wainwright

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.