Meyers v. JDC/Firethorne, Ltd., 14-15-00860-CV (TexApp Dist 12/22/2016)
In this accelerated interlocutory appeal, the court was asked to determine whether the developer of a subdivision sufficiently pled an ultra vires claim against a county commissioner related to the processing of two plat applications. Appellee, the developer, brought suit seeking a writ of mandamus and injunctive relief against appellants alleging that appellants acted without legal authority in directing or instructing the county engineer to hold or delay the submitted plat applications. Appellants filed a plea to the jurisdiction asserting that governmental immunity barred the suit. The trial court denied the plea. The court concluded appellee sufficiently pled an ultra vires claim such that the trial court had subject-matter jurisdiction. The court stated there was no express statutory or regulatory authority allowing appellant to halt or hold submission of a completed plat application. Rather, Tex. Gov't Code §232.0025 and §2.6 of the Regulations of Subdivisions state the county engineer had the responsibility to review and submit the applications to the commissioners court within sixty days. Further, the court held appellant, as county commissioner, had no more right to governmental immunity in directing the delay than the county engineer has for obeying the instruction. The trial court's order was affirmed.
Meyers v. JDC/Firethorne, Ltd., Houston 14th Court of Appeals, Case No.: 14-15-00860-CV, 12/22/2016
|January 12, 2017
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