City of Magnolia 4A Economic Development Corp. v. Smedley

533 S.W.3d 297
CourtTexas Supreme Court
DecidedOctober 27, 2017
DocketNo. 16-0718
StatusPublished
Cited by44 cases

This text of 533 S.W.3d 297 (City of Magnolia 4A Economic Development Corp. v. Smedley) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Magnolia 4A Economic Development Corp. v. Smedley, 533 S.W.3d 297 (Tex. 2017).

Opinion

PER CURIAM

In this case, we must determine whether the twenty-day; period to bring an interlocutory appeal ran from the petitioners’ initial plea to the jurisdiction 'or from their later motion for summary judgment, both of which challenged the respondent’s claims on similar jurisdictional grounds. We hold that the twenty-day period ran separately from each motion, and that the petitioners timely filed their interlocutory appeal. Accordingly, we reverse in part the court of appeals’ judgment, which dismissed petitioners’ appeal for lack of jurisdiction, and remand the case to the court of appeals for further proceedings consistent with this opinion.

The dispute arose'from the alleged im-poundment of surface water on respondent David Smedley’s property, which he claims was caused by construction of the “Magnolia Stroll,” a municipal hiking and walking path. The petitioners, municipal development corporations (MDCs), oversaw construction of the path.1 Smedley’s property abuts the Magnolia Stroll as well as a Chicken Express restaurant. In 2004, construction of a new parking lot at the Chicken Express . created a damming effect, flooding Smedley’s property with surface water. The City of Magnolia completed the Magnolia Stroll project in 2011. Smedley claims that negligent construction of the Magnolia Stroll caused further damming, resulting in damage to Smedley’s property.

Smedley filed suit against several parties under multiple theories of liability, but this appeal concerns only the claims against the MDCs.2 Smedley sought both injunctive relief and damages under three theories of liability: (1) negligence; (2) a taking under Article I, Section 17 of the Texas Constitution (the Takings Clause); and (3) a violation of section 11.086 of the Texas Water Code. Smedley sought to enjoin the MDCs from causing future drainage onto his property and require that they restore proper drainage.

In May 2015, the MDCs filed a motion to dismiss and plea to the jurisdiction, seeking dismissal under Rule 91a of the Texas Rules of Civil Procedure. See Tex. R. Civ. P. 91a (relating to dismissal of baseless causes of action). The MDCs argued that Smedley’s claims lacked a jurisdictional basis. Specifically, they claimed: (1) Smedley had not pled facts constituting claims for which the Texas Tort Claims Act or the Texas Water Code waives governmental immunity; (2) Smedley did not allege sufficient - facts as to the takings claim; and (3) the MDCs were immune from liability for any money damages under the Texas Local Government Code. Most importantly, the MDCs argued that Smedley had not alleged that the MDCs owned or controlled the property in question, which would be necessary for the MDCs to comply with any injunctive relief awarded to Smedley. Thus, the MDCs asserted, any claim' for injunctive relief lacked redressability. On June 15, 2015, the trial court granted the motion to dismiss as to Smedley’s negligence claim and as to all claims for money damages. The trial court denied relief as to all other claims without providing a basis' for its decision, leaving Smedley’s claims for in-junctive relief under the Water Code and Takings Clause. The MDCs elected- not to appeal that ruling. ’

On June 24, 2015, the MDCs filed a hybrid no-evidence and traditional motion for summary judgment on the remaining claims for injunctive relief, arguing that Smedley’s claims lacked a jurisdictional basis and evidentiary merit. See Tex. R. Civ. P. 166a (relating to motions for summary judgment). In the motion, the MDCs argued that Smedley could .not establish standing as a matter of law because there was affirmative evidence that the MDCs do not own or control the Magnolia Stroll or Chicken Express, and thus could not perform the injunctive relief sought. Additionally, the MDCs argued that there was a lack of evidence as to Smedley’s claims against them under both the Water Code and Takings Clause. The MDCs included some of the same evidence they had provided in their prior plea to the jurisdiction, along with new evidence, including the declaration of City Administrator Paul Mendes to establish that the MDCs do not own or control the Magnolia Stroll. On July 27, 2015, the trial court denied the motion for summary judgment without explaining the basis for its decision.

On August 3, 2015, the MDCs filed a notice of appeal of the- trial court’s denial of their motion for summary judgment. The crucial question as to the timeliness of the appeal was whether the twenty-day period to bring an interlocutory appeal ran from the trial court’s denial of the MDCs’ original motion to dismiss and plea to the jurisdiction, which was denied in part and granted in part on June 15, 2015, or from the trial court’s denial of their hybrid motion for summary judgment, which was denied on-July 27,2015. See Tex. R. App. P. 26.1(b) (providing that a timely interlocutory appeal must be filed-within twenty days after the challenged order was signed). If it was the former, the twenty-day period expired before the MDCs filed their notice of appeal, depriving the court of - appeals of jurisdiction. If it was the latter, the-MDCs filed their appeal timely.

' The court of appeals held that because the MDCs’ hybrid motion for summary judgment raised “essentially the same immunity-based arguments” as their earlier motion to dismiss and plea to the jurisdiction, the later motion was little more than a motion for reconsideration and the clock did not reset. 533 S.W.3d at 15, 2016 WL 4045501. Therefore, the -court of appeals dismissed the MDCs’ appeal for lack .of appellate jurisdiction. Id. at 16, 2016 WL 4045501.

A party may appeal an interlocutory order that grants or denies a plea to the jurisdiction by a governmental unit. Tex. Civ. Prac. & Rem. Code § 51.014(a)(8). This Court considers “plea to the jurisdiction” not to refer to a “particular procedural vehicle,” but rather to the sübstance of the issue raised. Dep’t of Crim. Justice v. Simons, 140 S.W.3d 338, 349 (Tex. 2004). Generally, immunity from suit impli cates subject-matter jurisdiction and is properly asserted in a plea to the jurisdiction. Houston Belt & Terminal Ry. Co. v. City of Houston, 487 SW.3d 154, 160 (Tex. 2016); Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 225-26 (Tex. 2004). Therefore, both the-MDCs’ original motion to dismiss and plea to the jurisdiction, as well as their -subsequent hybrid motion for summary judgment, constitute “pleas to the jurisdiction” for interlocutory-appeal purposes. See Thomas v. Long, 207 S.W.3d 334, 339 (Tex. 2006) (holding that appellate courts have jurisdiction under section 51.014(a)(8) to entertain interlocutory appeals from the denial of a plea to the jurisdiction or motion for summary judgment challenging subject matter jurisdiction). Additionally, because it is undisputed that the MDCs are “governmental units,” they have the right to an interlocutory appeal of an order denying their plea to the jurisdiction. Tex. Civ. Prac. & Rem. Code § 51.014(a)(8). However, an interlocutory appeal is an accelerated appeal and must be filed within twenty days after the judgment or order is signed. Tex. R. App. P. 26.1(b), 28.1(a).

The parties disagree about the applicability of our decision in City of Houston v.

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533 S.W.3d 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-magnolia-4a-economic-development-corp-v-smedley-tex-2017.