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17 Texas opinions name it 1 courts 2003–2016 0 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
City of Houston v. Williamsgreen2 sentences2016Co., 290 S.W.3d 345, 361 (Tex. App.-Austin 2009, pet. denied) (“the UDJA cannot be used as a vehicle to obtain declarations having the effect of establishing a right to relief against the State for which sovereign immunity has not been waived” (citing Williams, 216 S.W.3d at 828-29 )). . 2010See City of Houston v. Williams , 216 S.W.3d 827, 828-29 (Tex. 2007) ("[P]rivate parties cannot circumvent the State's sovereign immunity from suit by characterizing a suit for money damages, such as a contract dispute, as a declaratory-judgment claim," and "if the sole purpose of such a declaration [regarding a governmental body's statutory authority] is to obtain a money judgment, immunity is not waived") (quoting Texas Natural Res. | 10 | 11 |
Texas Natural Resource Conservation Commission v. IT-Davygreen2 sentences2011See IT-Davy, 74 S.W.3d at 855-56 ; Smith v. Abbott, 311 S.W.3d 62, 80 (Tex.App.-Austin 2010, pet. denied) (op. on reh’g) (“[Sovereign immunity will bar an otherwise proper UDJA claim that has the effect of establishing a right to relief against the State for which sovereign immunity has not been waived.”); Newman v. Kock, 274 S.W.3d 697, 702 (Tex.App.-San Antonio 2008, no pet.) (“A plaintiff cannot circumvent sovereign immunity by characterizing his suit as a declaratory judgment action for which immunity is waived when the plaintiff seeks relief for which sovereign immunity has not been waive 2011See IT-Davy, 74 S.W.3d at 855–56; Smith v. Abbott, 311 S.W.3d 62, 80 (Tex. App.—Austin 2010, pet. denied) (op. on reh’g) (―[S]overeign immunity will bar an otherwise proper UDJA claim that has the effect of establishing a right to relief against the State for which sovereign immunity has not been waived.‖); Newman v. Kock, 274 S.W.3d 697, 702 (Tex. App.—San Antonio 2008, no pet.) (―A plaintiff cannot circumvent sovereign immunity by characterizing his suit as a declaratory judgment action for which immunity is waived when the plaintiff seeks relief for which sovereign immunity has not been wai | 7 | 9 |
Texas Logos, L.P. v. Texas Department of Transportationgreen2 sentences2009See City of Houston v. Williams, 216 S.W.3d 827, 828-29 (Tex.2007) (“ ‘private parties cannot circumvent the State’s sovereign immunity from suit by characterizing a suit for money damages, such as a contract dispute, as a declaratory-judgment claim’ ” and “if the sole purpose of such a declaration [regarding a governmental body’s statutory authority] is to obtain a money judgment, immunity is not waived”) (quoting IT-Davy, 74 S.W.3d at 856 ); Koch, 273 S.W.3d at 455 (citing, as examples, UDJA claims that would establish the State’s contractual or tort liability); Texas Logos, *361 L.P. v. Tex 2009See City of Houston v. Williams, 216 S.W.3d 827, 828-29 (Tex. 2007) (“‘private parties cannot circumvent the State’s sovereign immunity from suit by characterizing a suit for money damages, such as a contract dispute, as a declaratory-judgment claim’” and “if the sole purpose of such a declaration [regarding a governmental body’s statutory authority] is to obtain a money judgment, immunity is not waived”) (quoting IT-Davy, 74 S.W.3d at 856 ); Koch, 273 S.W.3d at 455 (citing, as examples, UDJA claims that would establish the State’s contractual or tort liability); Texas Logos, L.P. v. Texas Dep | 3 | 3 |
Smith v. Abbottgreen2 sentences2011See IT-Davy, 74 S.W.3d at 855-56 ; Smith v. Abbott, 311 S.W.3d 62, 80 (Tex.App.-Austin 2010, pet. denied) (op. on reh’g) (“[Sovereign immunity will bar an otherwise proper UDJA claim that has the effect of establishing a right to relief against the State for which sovereign immunity has not been waived.”); Newman v. Kock, 274 S.W.3d 697, 702 (Tex.App.-San Antonio 2008, no pet.) (“A plaintiff cannot circumvent sovereign immunity by characterizing his suit as a declaratory judgment action for which immunity is waived when the plaintiff seeks relief for which sovereign immunity has not been waive 2011See IT-Davy, 74 S.W.3d at 855–56; Smith v. Abbott, 311 S.W.3d 62, 80 (Tex. App.—Austin 2010, pet. denied) (op. on reh’g) (―[S]overeign immunity will bar an otherwise proper UDJA claim that has the effect of establishing a right to relief against the State for which sovereign immunity has not been waived.‖); Newman v. Kock, 274 S.W.3d 697, 702 (Tex. App.—San Antonio 2008, no pet.) (―A plaintiff cannot circumvent sovereign immunity by characterizing his suit as a declaratory judgment action for which immunity is waived when the plaintiff seeks relief for which sovereign immunity has not been wai | 2 | 2 |
Newman v. Kockgreen2 sentences2011See IT-Davy, 74 S.W.3d at 855-56 ; Smith v. Abbott, 311 S.W.3d 62, 80 (Tex.App.-Austin 2010, pet. denied) (op. on reh’g) (“[Sovereign immunity will bar an otherwise proper UDJA claim that has the effect of establishing a right to relief against the State for which sovereign immunity has not been waived.”); Newman v. Kock, 274 S.W.3d 697, 702 (Tex.App.-San Antonio 2008, no pet.) (“A plaintiff cannot circumvent sovereign immunity by characterizing his suit as a declaratory judgment action for which immunity is waived when the plaintiff seeks relief for which sovereign immunity has not been waive 2011See IT-Davy, 74 S.W.3d at 855–56; Smith v. Abbott, 311 S.W.3d 62, 80 (Tex. App.—Austin 2010, pet. denied) (op. on reh’g) (―[S]overeign immunity will bar an otherwise proper UDJA claim that has the effect of establishing a right to relief against the State for which sovereign immunity has not been waived.‖); Newman v. Kock, 274 S.W.3d 697, 702 (Tex. App.—San Antonio 2008, no pet.) (―A plaintiff cannot circumvent sovereign immunity by characterizing his suit as a declaratory judgment action for which immunity is waived when the plaintiff seeks relief for which sovereign immunity has not been wai | 2 | 2 |
State v. BP America Production Co.green2 sentences2016Co., 290 S.W.3d 345, 361 (Tex. App.-Austin 2009, pet. denied) (“the UDJA cannot be used as a vehicle to obtain declarations having the effect of establishing a right to relief against the State for which sovereign immunity has not been waived” (citing Williams, 216 S.W.3d at 828-29 )). . 2010As the BP America court concluded, “[f]or this reason, the UDJA cannot be used as a *769 vehicle to obtain declarations having the effect of establishing a right to relief against the State for which sovereign immunity has not been waived.” BP Am., 290 S.W.3d at 360 . | 1 | 3 |
State Ex Rel. Abbott v. Younggreen1 sentence2016See Young, 265 S.W.3d at 708 . | 1 | 1 |
TEXAS MUN. POWER AGEN. v. Pub. Util. Com'ngreen1 sentence2009Comm’n, 100 S.W.3d 510, 517-20 (Tex. App.—Austin 2003, pet. denied) (distinguishing between APA appeal of “a particular Commission order” and UDJA claim for “a determination of the Commission’s general authority” that would resolve larger underlying controversy regarding its authority reflected in other agency proceedings). 23 UDJA claim that has the effect of establishing a right to relief against the State for which sovereign immunity has not been waived. | 1 | 1 |
Test Corpus, Inc. v. Financial Center, Inc.green1 sentence2003Ctr., Inc., 9 S.W.3d 316, 323 (Tex.App.-Houston [14th Dist.] 1999, pet. denied)(a suit seeking a declaratory judgment of rights, money damages, and an order enforcing rights through injunction, judicial foreclosure, and/or constructive trust was a suit against the State for which sovereign immunity was not waived, and so could not be maintained without legislative permission). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Koch v. TEXAS GENERAL LAND OFFICE
green
2 sentences2009See City of Houston v. Williams, 216 S.W.3d 827, 828-29 (Tex.2007) (“ ‘private parties cannot circumvent the State’s sovereign immunity from suit by characterizing a suit for money damages, such as a contract dispute, as a declaratory-judgment claim’ ” and “if the sole purpose of such a declaration [regarding a governmental body’s statutory authority] is to obtain a money judgment, immunity is not waived”) (quoting IT-Davy, 74 S.W.3d at 856 ); Koch, 273 S.W.3d at 455 (citing, as examples, UDJA claims that would establish the State’s contractual or tort liability); Texas Logos, *361 L.P. v. Tex 2009See City of Houston v. Williams, 216 S.W.3d 827, 828-29 (Tex. 2007) (“‘private parties cannot circumvent the State’s sovereign immunity from suit by characterizing a suit for money damages, such as a contract dispute, as a declaratory-judgment claim’” and “if the sole purpose of such a declaration [regarding a governmental body’s statutory authority] is to obtain a money judgment, immunity is not waived”) (quoting IT-Davy, 74 S.W.3d at 856 ); Koch, 273 S.W.3d at 455 (citing, as examples, UDJA claims that would establish the State’s contractual or tort liability); Texas Logos, L.P. v. Texas Dep | 3 | 2009–2009 |
The City of El Paso v. Lilli M. Heinrich
green
2 sentences2011Both parties rely on City of El Paso v. Heinrich for their opposing arguments regarding sovereign immunity. 284 S.W.3d 366 (Tex.2009). 2011Both parties rely on City of El Paso v. Heinrich for their opposing arguments regarding sovereign immunity. 284 S.W.3d 366 (Tex. 2009). | 2 | 2011–2011 |
Texas Parks & Wildlife Department v. Sawyer Trust
green
1 sentence2013Id. | 1 | 2013–2013 |
Bagg v. University of Texas Medical Branch at Galveston
green
1 sentence2003The Burden on Plaintiffs Accordingly, plaintiffs who sue the State under state law 15 must establish a waiver of sovereign immunity in order *219 for the trial court to have jurisdiction, except where the suit is: (1) not actually a suit against the state, such as an ultra vires action or an action taken pursuant to an unconstitutional law, see Caldwell, 23 S.W.3d at 135-36 ; Bagg, 726 S.W.2d at 585-86 ; (2) does not seek to impose liability on the State, seek money damages against the State, or seek to control state action, as in a declaratory judgment suit, IT-Davy, 74 S.W.3d at 855 ; or (3) | 1 | 2003–2003 |
Rylander v. Caldwell
green
1 sentence2003The Burden on Plaintiffs Accordingly, plaintiffs who sue the State under state law 15 must establish a waiver of sovereign immunity in order *219 for the trial court to have jurisdiction, except where the suit is: (1) not actually a suit against the state, such as an ultra vires action or an action taken pursuant to an unconstitutional law, see Caldwell, 23 S.W.3d at 135-36 ; Bagg, 726 S.W.2d at 585-86 ; (2) does not seek to impose liability on the State, seek money damages against the State, or seek to control state action, as in a declaratory judgment suit, IT-Davy, 74 S.W.3d at 855 ; or (3) | 1 | 2003–2003 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.