X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:In this interlocutory appeal, the state of Texas, the Texas Health and Human Services Commission, and the Texas Building and Procurement Commission contend that the district court erred in denying their plea to the jurisdiction. The appellee, 1165 Airport Boulevard Office Building Ltd. (Airport Boulevard) leased office space to the Human Services Commission. Shortly after the state agreed to a new lease extension, a dispute arose over liability for utilities and the correct formula for calculating the annual increase in rent. Airport Boulevard sued in district court, asking the court to declare what the terms of the lease required and to invalidate a warrant hold issued by the comptroller of public accounts that had stopped all rental payments to Airport Boulevard. The state filed a plea to the jurisdiction, asserting that Airport Boulevard’s claims were barred by sovereign immunity. The district court denied the plea, and the state appealed. HOLDING:Affirmed in part; reversed and dismissed in part. Airport Boulevard’s direct request for a reformation of the lease seeks to impose liability on the State and to control state action, it is, therefore, a suit against the state that is barred by sovereign immunity. However, because Airport Boulevard is entitled to a declaration of its rights regarding the propriety of the procurement commission’s actions under Texas Government Code �403.055, the court affirms the district court’s denial of the plea to the jurisdiction as to that issue. OPINION:Bea Ann Smith, J.; Smith, Patterson and Puryear, J.J.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.