City of White Settlement v. Super Wash, Inc.

How courts have described this case

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

• stating that equitable estoppel to pre-suit notice provisions applied only when the City made misleading statements
• consulting the Tort Claims Act’s “nonexclusive list of specific, municipal functions” to assess whether certain functions are governmental
• noting court has applied exception in only one circumstance where city officials made misleading statements regarding compliance with notice of claim requirement
• stating “Contract zoning is a bilateral agreement where the city binds itself to rezone land in return for the landowner’s promise to use or not use his property in a certain manner.”
• “Determining whether a function is governmental in nature is critical under the Tort Claims Act, because the Act only applies when a city is acting in its governmental capacity; the Act does not apply when a city acts in its proprietary capacity.”
• “Determining whether a function is governmental in nature is critical under the Tort Claims Act, because the Act only applies when a city is acting in its governmental capacity; the Act does not apply when a city acts in its proprietary capacity.”

Source: CourtListener parenthetical corpus (CC0).