· 3/3/2010
Creedmoor-Maha Water Supply Corp. v. Texas Commission on Environmental Quality
Citations
- 307 S.W.3d 505
- 2010 Tex. App. LEXIS 1619
- 2010 WL 715385
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that when reviewing plea, courts look to \plaintiff's petition to determine whether the facts pled affirmatively demonstrate that jurisdiction exists\
- stating that when reviewing plea, courts look to “plaintiff’s petition to determine whether the facts pled affirmatively demonstrate that jurisdiction exists”
- noting that party does not avoid jurisdictional limitation by filing claim under uniform declaratory judgment act and that act is not general waiver of immunity
- holding trial court did not err in granting plea to jurisdiction and dismissing plaintiff's ultra vires claims when plaintiff's petition consisted primarily of legal conclusions and failed to allege facts that would affirmatively demonstrate the court's jurisdiction
- explaining that in reviewing jurisdiction based on ultra vires claims, reviewing court should determine whether facts pled and not negated would constitute violations of relevant constitutional provisions or exceed authority under relevant statutory provisions
- explaining that in reviewing jurisdiction based on ultra vires claims, reviewing court should determine whether facts pled and not negated would constitute violations of relevant constitutional provisions or exceed authority under relevant statutory provisions
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Pemberton, Waldrop
Read full opinion on CourtListenerSourced 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.