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7 Texas opinions name it 2 courts 2011–2025 1 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 |
|---|---|---|
The City of El Paso v. Lilli M. Heinrichgreen2 sentences2020See City of Arlington v. Randall, 301 S.W.3d 896, 907 (Tex. App.—Fort Worth 2009, pet. denied) (explaining that city was immune from “a suit seeking imposition of an affirmative duty based on a past alleged actionable wrong”) disapproved of on other grounds by Texas Dep’t of Aging and Disability Servs. v. 17 Cannon, 453 S.W.3d 411 (Tex. 2015); see also Heinrich, 284 S.W.3d at 373-74 (explaining that even if ultra vires claim may be brought, “the remedy may implicate immunity”). 2017See Heinrich, 284 S.W.3d at 373 (“Even if [an ultra vires] claim may be brought, the remedy may implicate immunity.”); id. at 374 (noting “that retrospective monetary claims are generally barred by immunity”); id. at 376 (explaining that, generally, “a claimant who successfully proves an ultra vires claim is entitled to prospective injunctive relief’). | 4 | 6 |
City of Arlington v. Randallgreen1 sentence2020See City of Arlington v. Randall, 301 S.W.3d 896, 907 (Tex. App.—Fort Worth 2009, pet. denied) (explaining that city was immune from “a suit seeking imposition of an affirmative duty based on a past alleged actionable wrong”) disapproved of on other grounds by Texas Dep’t of Aging and Disability Servs. v. 17 Cannon, 453 S.W.3d 411 (Tex. 2015); see also Heinrich, 284 S.W.3d at 373-74 (explaining that even if ultra vires claim may be brought, “the remedy may implicate immunity”). | 1 | 1 |
Texas Department of Aging & Disability Services v. Cannongreen1 sentence2020See City of Arlington v. Randall, 301 S.W.3d 896, 907 (Tex. App.—Fort Worth 2009, pet. denied) (explaining that city was immune from “a suit seeking imposition of an affirmative duty based on a past alleged actionable wrong”) disapproved of on other grounds by Texas Dep’t of Aging and Disability Servs. v. 17 Cannon, 453 S.W.3d 411 (Tex. 2015); see also Heinrich, 284 S.W.3d at 373-74 (explaining that even if ultra vires claim may be brought, “the remedy may implicate immunity”). | 1 | 1 |
Texas Logos, L.P. v. Texas Department of Transportationgreen1 sentence2015Even if such a claim may be brought, the remedy may implicate immunity” if it constitutes anything other than prospective relief.40 A suit that seeks to control state action by invalidating a contract is retrospective in nature.41 Here, Becky wants the Court to declare that “the City Council’s action in granting a variance through the Agreement was ultra vires, rendering at least that portion of the Agreement void.”42 Therefore, even assuming, for the sake of argument, that the City Council’s decision to contract with Milestone were a 38 City of New Braunfels v. Tovar, No. 13-14-00693-CV, 2015 | 1 | 1 |
City of New Braunfels v. Tovargreen1 sentence2015Even if such a claim may be brought, the remedy may implicate immunity” if it constitutes anything other than prospective relief.40 A suit that seeks to control state action by invalidating a contract is retrospective in nature.41 Here, Becky wants the Court to declare that “the City Council’s action in granting a variance through the Agreement was ultra vires, rendering at least that portion of the Agreement void.”42 Therefore, even assuming, for the sake of argument, that the City Council’s decision to contract with Milestone were a 38 City of New Braunfels v. Tovar, No. 13-14-00693-CV, 2015 | 1 | 1 |
Miller v. Keysergreen1 sentence2011Miller v. Keyser, 90 S.W.3d 712, 717 (Tex.2002); Leonard v. Abbott, 366 S.W.2d 925, 928-929 (Tex. 1963). [72] House v. Houston Waterworks Co., 88 Tex. 233 , 31 S.W. 179, 181 (1895) ("It is well settled that a public officer or other person who takes upon himself a public employment is liable to third persons in an action on the case for any injury occasioned by his own personal negligence or default in the discharge of his duties." (internal quotation marks and citation omitted)). [73] Heinrich, 284 S.W.3d at 373 n. 7 ("State officials may, of course, be sued in both their official and individ | 1 | 1 |
Ballantyne v. Champion Builders, Inc.green1 sentence2011Miller v. Keyser, 90 S.W.3d 712, 717 (Tex.2002); Leonard v. Abbott, 366 S.W.2d 925, 928-929 (Tex. 1963). [72] House v. Houston Waterworks Co., 88 Tex. 233 , 31 S.W. 179, 181 (1895) ("It is well settled that a public officer or other person who takes upon himself a public employment is liable to third persons in an action on the case for any injury occasioned by his own personal negligence or default in the discharge of his duties." (internal quotation marks and citation omitted)). [73] Heinrich, 284 S.W.3d at 373 n. 7 ("State officials may, of course, be sued in both their official and individ | 1 | 1 |
Texas a & M University System v. Koseoglugreen2 sentences2011Id. at 380 ("With the limited ultra vires exception ..., governmental immunity protects government officers sued in their official capacities to the extent that it protects their employers.”); Koseoglu, 233 S.W.3d at 844 (“When a state official files a plea to the jurisdiction, the official is invoking the sovereign immunity from suit held by the government itself.”). . 2011Even if such a claim may be brought, the remedy may implicate immunity."). [70] Id. at 380 ("With the limited ultra vires exception . . ., governmental immunity protects government officers sued in their official capacities to the extent that it protects their employers."); Koseoglu, 233 S.W.3d at 844 ("When a state official files a plea to the jurisdiction, the official is invoking the sovereign immunity from suit held by the government itself."). [71] E.g. | 1 | 1 |
Leonard v. Abbottgreen1 sentence2011Miller v. Keyser, 90 S.W.3d 712, 717 (Tex.2002); Leonard v. Abbott, 366 S.W.2d 925, 928-929 (Tex. 1963). [72] House v. Houston Waterworks Co., 88 Tex. 233 , 31 S.W. 179, 181 (1895) ("It is well settled that a public officer or other person who takes upon himself a public employment is liable to third persons in an action on the case for any injury occasioned by his own personal negligence or default in the discharge of his duties." (internal quotation marks and citation omitted)). [73] Heinrich, 284 S.W.3d at 373 n. 7 ("State officials may, of course, be sued in both their official and individ | 1 | 1 |
House v. Houston Waterworks Companygreen2 sentences2011Miller v. Keyser, 90 S.W.3d 712, 717 (Tex.2002); Leonard v. Abbott, 366 S.W.2d 925, 928-929 (Tex. 1963). [72] House v. Houston Waterworks Co., 88 Tex. 233 , 31 S.W. 179, 181 (1895) ("It is well settled that a public officer or other person who takes upon himself a public employment is liable to third persons in an action on the case for any injury occasioned by his own personal negligence or default in the discharge of his duties." (internal quotation marks and citation omitted)). [73] Heinrich, 284 S.W.3d at 373 n. 7 ("State officials may, of course, be sued in both their official and individ 2011Miller v. Keyser, 90 S.W.3d 712, 717 (Tex.2002); Leonard v. Abbott, 366 S.W.2d 925, 928-929 (Tex. 1963). [72] House v. Houston Waterworks Co., 88 Tex. 233 , 31 S.W. 179, 181 (1895) ("It is well settled that a public officer or other person who takes upon himself a public employment is liable to third persons in an action on the case for any injury occasioned by his own personal negligence or default in the discharge of his duties." (internal quotation marks and citation omitted)). [73] Heinrich, 284 S.W.3d at 373 n. 7 ("State officials may, of course, be sued in both their official and individ | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bowen v. Massachusetts
green
2 sentences2025Drawing the line at monetary relief is be brought, the remedy may implicate immunity. itself problematic, as "[i]t does not take much Cf. 13 CHARLES ALAN WRIGHT & ARTHUR R. lawyerly inventiveness to convert a claim for MILLER, FEDERAL PRACTICE & PROCEDURE payment of a past due sum (damages) into a § 3524.3 (under federal prayer for an injunction against refusing to pay the sum, or for a declaration that the sum must be [ 284 S.W.3d 374 ] paid, or for an order reversing the agency's decision not to pay." Bowen v. Massachusetts, immunity law, an ultra vires suit may be brought 487 U.S. 879, 915- 2025Drawing the line at monetary relief is be brought, the remedy may implicate immunity. itself problematic, as "[i]t does not take much Cf. 13 CHARLES ALAN WRIGHT & ARTHUR R. lawyerly inventiveness to convert a claim for MILLER, FEDERAL PRACTICE & PROCEDURE payment of a past due sum (damages) into a § 3524.3 (under federal prayer for an injunction against refusing to pay the sum, or for a declaration that the sum must be [ 284 S.W.3d 374 ] paid, or for an order reversing the agency's decision not to pay." Bowen v. Massachusetts, immunity law, an ultra vires suit may be brought 487 U.S. 879, 915- | 1 | 2025–2025 |
Houston Belt & Terminal Railway Co. v. City of Houston
green
1 sentence2016Id. at 673 . | 1 | 2016–2016 |