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· 6/24/2009

State v. BP America Production Co.

Citations

  • 290 S.W.3d 345
  • 2009 WL 1255812

How courts have described this case

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

  • noting that the APA does not “provide relief with respect to the underlying statutes or other law”
  • holding timely (holding timely filing filing in proper district court court is is aa jurisdictional jurisdictional requirement requirement for suing a political subdivision pursuant to the Act
  • stating that an otherwise proper declaratory-judgment claim is nonetheless barred by governmental immunity if the declaration sought would have the effect of establishing a right to relief against the governmental entity for which governmental immunity has not been waived
  • noting that the remedy afforded by the APA “is limited to declarations concerning the rule . . . and does not in itself provide relief with respect to the underlying statutes or other law”
  • stating that an otherwise proper declaratory-judgment claim is nonetheless barred by governmental immunity if the declaration sought would have the effect of establishing a right to relief against the governmental entity for which governmental immunity has not been waived
  • trespass to try title claim could proceed against state official, but would be barred by sovereign immunity if asserted against the State

Source: CourtListener parenthetical corpus (CC0).

Judges: Puryear, Pemberton, Waldrop

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.