Town of Shady Shores v. Swanson (Opinion)
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The Supreme Court reversed in part the judgment of the court of appeals concluding that a no-evidence motion for summary judgment is not a proper procedural vehicle to defeat jurisdiction on the ground of governmental immunity and that the Texas Open Meetings Act waives governmental immunity with respect to declaratory judgment claims, holding that the court of appeals erred in making both conclusions.
Plaintiff sued the Town of Shady Shores alleging, among other things, that she was wrongfully terminated and seeking a declaratory judgment that the termination of her employment violated the Open Meetings Act and the Texas Constitution. The trial court denied the Town's traditional and no-evidence motions for summary judgment. The Town appealed, arguing that Plaintiff had not established a waiver of the Town's governmental immunity. The court of appeals affirmed in part and reversed in part. The Supreme Court reversed in part, holding (1) a no-evidence summary judgment motion may be used to defeat jurisdiction on the basis of governmental immunity; (2) the Open Meetings Act does not waive governmental immunity with respect to declaratory judgment claims; and (3) the Open Meetings Act claims seeking injunctive and mandamus relief were sufficiently pled.
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