[Download] "PKG Contracting, Inc. v. City of Mesquite" by In the Supreme Court of Texas # eBook PDF Kindle ePub Free

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eBook details

• Title: PKG Contracting, Inc. v. City of Mesquite
• Author : In the Supreme Court of Texas
• Release Date : January 30, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

PKG Contracting, Inc. sued the City of Mesquite for breach of a contract to construct a storm drainage system and for quantum meruit, negligence, and estoppel. The trial court overruled the Citys plea to the jurisdiction based on immunity from suit, and the City took an interlocutory appeal. The court of appeals reversed and dismissed the case, holding that the Citys immunity was not waived for PKGs tort claims and was not waived for PKGs contract claims by section 51.075 of the Local Government Code or by a provision in the Citys charter that authorizes it to "sue and be sued; . . . contract and be contracted with; implead and be impleaded in all courts".148 S.W.3d 209 (Tex. App.-Dallas 2004). PKG argues in this Court that the Citys immunity from suit for breach of contract was also waived because the City was acting in a proprietary capacity rather than a governmental capacity. PKG does not argue in this Court that the Citys immunity from tort liability has been waived.

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