Lubbock County Water Control & Improvement Dist. v. Church & Akin, LLC (Opinion)Annotate this Case
A lessee leased a marina from a governmental entity providing that the premises be used only as a "marina, restaurant, gasoline and sundry sales and as a recreational facility.” When the governmental entity terminated the lease the business sued for breach of contract. The government entity filed a plea to the jurisdiction asserting governmental immunity. At issue in this case was whether Chapter 271 of the Texas Local Government Code waived the governmental entity’s immunity from suit. The trial court concluded that it did, and the court of appeals agreed. The Supreme Court disagreed with the lower courts and dismissed the lessee’s claims for lack of jurisdiction, holding that the parties’ lease agreement did not constitute a written contract stating the essential terms of an agreement for providing goods or services to a local government entity, and therefore, Chapter 271 did not waive the governmental entity’s immunity from suit.