· 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 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.