Texas Department of Transportation v. Sunset Transportation, Inc.

How courts have described this case

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

• noting that agency statement must “bind the agency or otherwise represent its authoritative position in matters that impact personal rights”
• noting that the APA “waives sovereign immunity to the extent of creating a cause of action for declaratory relief regarding the ‘validity’ or ‘applicability’ of a ‘rule’”
• noting that appellees' jurisdictional challenge targeted sufficiency of a prior version of appellants' petition
• noting that “[a]ssuming that appellees replead under section 2001.038, we agree with appellants that appellees’ UDJA claims [which are predicated upon the ultra vires exception] would be redundant remedies” and “would be subject to dismissal”
• noting that determining whether appellees have invoked subject matter jurisdiction in rule challenge under section 2001.038 “does not require us to delve into the merits of the claims—nor would such an inquiry be proper” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).