· 4/3/2009
Southwestern Bell Telephone, L.P. v. Harris County Toll Road Authority
Citations
- 282 S.W.3d 59
- 52 Tex. Sup. Ct. J. 579
- 2009 Tex. LEXIS 122
- 2009 WL 886157
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that \the main purposes of roads and streets are for travel and transportation\ and when a utility installs its facilities pursuant to a statutory grant, it does so on the \implied condition that the structures shall not interfere ... with any other public use\
- explaining the use of roads by utilities to lay lines is subservient to the main purpose of the road, which is travel and transportation
- \[U]nder the 'long-established common law principle ... a utility forced to relocate from a public right-of-way must do so at its own expense.' \
- because appellate court could not ascertain the date on which prejudgment interest would begin accruing, the order did not constitute a final judgment
- “[U]nder the ‘long-established common law principle . . . a utility forced to relocate from a public right-of-way must do so at its own expense.’”
- “[b]ut as we have often noted, the Legislature is best positioned to waive or abrogate sovereign immunity ‘because this allows the Legislature to protect its policymaking function”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jefferson
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.