City of Austin v. Quinlan (Opinion)
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In this premises liability action, the Supreme Court held that the City of Austin had discretion not to implement its policy regarding the maintenance of a permitted sidewalk cafe, and therefore, Appellant failed to plead a claim against the City for which the City's immunity was waived.
An agreement between the City and the permit-holder restaurant in this dispute delegated maintenance responsibilities to the restaurant but did not include terms requiring the City to ensure that the restaurant comply with those responsibilities. Plaintiff sued both the restaurant and the City for premises liability. The City filed an amended plea to the jurisdiction, which the trial court denied. The court of appeals affirmed as relevant to this appeal, ruling that the City's immunity was waived as to the claims relating to the City's alleged negligent implementation of its policy regarding the premises' maintenance because the City had a legal duty to ensure the restaurant fulfilled its maintenance obligations. The Supreme Court reversed, holding that the City had discretion to enforce or monitor the restaurant's compliance but was not required to do so, and therefore, dismissal was appropriate.
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