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Click here for the full text of this decision FACTS:The parking lot at the Galveston Racquet Club Inc. caved in. The club sued the city of Galveston under the Texas Tort Claims Act arguing that water leaked from “deteriorated,” “unmaintained” and “worn out” water lines that ran under the club’s parking lot, causing the ground to collapse. The club said that immunity was waived under the TTCA because its claim was based on the use or misuse of motor-driven equipment. Specifically, the club alleged that the leak was caused by motor-driven pumps that pressurized the water in the water lines. The city filed a plea to the jurisdiction, based on governmental immunity, arguing that the water pumps did no more than furnish the condition that made the property damage possible. The trial court granted the city’s plea to the jurisdiction. HOLDING:Affirmed. “Although the use or operation of the water pump caused substantial water to flow into the water line and caused the water to pressurize, the alleged damage to the Club’s property was a result of the cavitation of the ground. The damage was caused by the condition created by the water pump the pressurized, substantial water flow into”deteriorated,’”unmaintained,’ and”worn out’ water lines rather than the actual use or operation of the water pump, as required for the waiver of governmental immunity under the Tort Claims Act.” OPINION:Alcala, J.; Nuchia, Jennings and Alcala, JJ.

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