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Click here for the full text of this decision FACTS:The building inspector for the city of Borger, a home-rule municipality, determined that a building on Main Street fell below city code standards; an architect said the building was beyond repair. The city hired Howell Sand Co. Inc. to demolish the building, first notifying the owner of the adjacent building, Maxine Stuller, of the impending demolition. After Howell demolished the building, the city removed debris from the site and delivered fill dirt. Stuller claimed that her building was damaged by the demolition. Stuller’s insurer, Southern Insurance Co., paid her claim, then, as Stuller’s subrogree, Southern sued the city. Southern alleged that the damage to Stuller’s building resulted from the city’s negligence in carrying out a proprietary function. The city filed a plea to the jurisdiction, which the trial court denied. This court heard an appeal and issued an opinion Aug. 26 affirming the trial court. The city then filed a motion for rehearing. HOLDING:Motion for rehearing overruled; judgment affirmed. The court refers to Texas Civil Practice & Remedies Code �101.0215(a), which defines governmental functions, under which the government can claim sovereign immunity, and �101.0215(b), which defines proprietary functions, for which immunity is not available. Public utilities and abnormally dangerous or ultrahazardous activities are included among the list of proprietary functions. The court explains that the city’s argument is that the building’s demolition was the exercise of a governmental function. Southern argues the evidence shows the city was engaged in a proprietary function. “We disagree with both positions, concluding the record developed thus far does not permit resolution as a matter of law of the jurisdictional issues raised, and so affirm the trial court’s denial of the City’s plea to the jurisdiction. Further development of the facts may demonstrate that the damages claimed arise from a governmental function of the City.” OPINION:Campbell, J.; Reavis and Campbell, JJ.

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