Meyers v. JDC/Firethorne, Ltd.

514 S.W.3d 279, 2016 WL 7436661, 2016 Tex. App. LEXIS 13608
CourtCourt of Appeals of Texas
DecidedDecember 22, 2016
DocketNO. 14-15-00860-CV
StatusPublished
Cited by1 cases

This text of 514 S.W.3d 279 (Meyers v. JDC/Firethorne, Ltd.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meyers v. JDC/Firethorne, Ltd., 514 S.W.3d 279, 2016 WL 7436661, 2016 Tex. App. LEXIS 13608 (Tex. Ct. App. 2016).

Opinion

OPINION

Tracy Christopher, Justice

In this accelerated.interlocutory appeal, we are asked to determine whether the developer of-a subdivision in Fort Bend County sufficiently pleaded an ultra vires claim against a county commissioner related to the processing of two plat applications. The developer, JDC/Firethorne, Ltd., brought suit seeking a writ of mandamus and injunctive relief against Fort Bend County, Fort Bend County Commissioners Court, the county engineer, and County Commissioner W.A. “Andy” Meyers. With respect to Meyers, JDC/Firet-horne alleges that he acted without legal authority, or ultra vires, in directing or instructing the county engineer to hold or delay the submitted plat applications. Commissioner Meyers filed a plea to the jurisdiction asserting that governmental immunity barred the claims and suit against him. The trial court denied the plea. We conclude that JDC/Firethorne sufficiently pleaded an ultra vires claim against Meyers such that the trial court has subject-matter jurisdiction. We affirm.

Background

The Firethorne subdivision is a 1400-acre master-planned community located in the extraterritorial jurisdiction of the City of Fulshear. The subdivision falls within Precinct 3 of Fort Bend County, and Meyers is the county commissioner for Precinct 3.

According to its pleadings, JDC/Firet-horne began developing the-subdivision in late 2003/early 2004, and has obtained ap[282]*282proval from the County for more than forty separate plat applications and construction plans. To obtain approval for a plat in Fort Bend County, a developer must follow the requirements set forth in Chapter 232 of the Local Government Code and the Fort Bend County Regulations of Subdivisions. As discussed in greater detail below, those requirements provide that the county engineer will: (1) set forth a list of documents and other information that must be submitted with a plat application; (2) notify the applicant within ten days after receiving the plat application if anything is missing; and (3) within sixty days after receiving the completed plat application, present the plat application to the county commissioners court for approval.

JDC/Firethorne alleges that it successfully completed this plab-application process for the majority of its plat applications but that, between January 2014 and October 2014, the process broke down. JDC/Firethorne submitted plat applications and construction plans for eight additional sections—Firethorne West Sections 11, 12, 14, 15, 16, 17, 18, and 19—that it contends were placed on “indefinite hold” in an effort to extract a concession from JDC/Firethorne to construct four lanes of West Firethorne Road. JDC/Firethorne had previously agreed to construct only two lanes of West Firethorne Road.1

After an unsuccessful attempt to resolve the dispute through mediation, JDC/Firet-horne filed this lawsuit seeking mandamus relief requiring the county engineer to present to the commissioners court for approval the plat applications related to Sections 16 and 19.2 It is undisputed that the plat applications and construction plans for Sections 16 and 19 were submitted to the county engineer in May and July of 2014, but have not yet (so far as our record reflects) been submitted to or approved by the commissioners court. JDC/Firethorne maintains that the county engineer’s act of presenting the completed plat applications to the commissioners court, and the commissioners court’s act of approving the plat applications, are both ministerial, non-discretionary functions subject to mandamus relief.

JDC/Firethorne also seeks injunctive relief against Commissioner Meyers in his individual and official capacities. JDC/Fir-ethorne pleaded that Meyers is impermis-sibly instructing or directing the county engineer to hold its plat applications for Sections 16 and 19 in an effort to extract a concession from JDC/Firethorne to build all four lanes of West Firethorne Road. According to JDC/Firethorne, the county engineering department communicated to its representative that “Meyers did not want Fort Bend County Engineering to move forward with the submitted plats and construction plans until JDC/Firethorne agreed to construct all four lanes of West Firethorne Road.” JDC/Firethorne also points in its amended pleading to email correspondence between Meyers and the county engineer that JDC/Firethorne contends shows the county engineer is not [283]*283acting on the plats due to Meyers’s “request to Engineering” and an email showing that Meyers is applying his own “rule of thumb,” rather than an express statute or rule, in determining which roads developers must build. JDC/Firethorne thus seeks permanent injunctive relief directing that Meyers, individually and in his capacity as a Fort Bend County Commissioner, “cease and desist—in the future—from instructing the Fort Bend County Engineering Department to ‘hold,’ ‘delay,’ or otherwise impede plats and construction plans submitted by JDC/Firethorne to Fort Bend County for approval.”

After the defendants answered and the parties conducted limited written discovery, Meyers filed his plea to the jurisdiction on grounds that JDC/Firethorne’s claim against him was barred by governmental immunity.3 Meyers argued that immunity bars suits to control a political subdivision’s actions absent a valid legislative waiver of that immunity. He further contended that JDC/Firethorne could not proceed under the ultra vires exception to immunity because: (1) commissioners courts exercise general control over county roads and thus he has discretion that precludes an ultra vires claim; and (2) JDC/Firethorne did not allege any illegal or unlawful acts by him. In his plea, Meyers did not dispute that he instructed or asked the county engineer to hold up the plat-approval process for Section 19; instead, he acknowledged the allegation against him. and argued that nothing in the petition alleged a basis for concluding that talking to other county officials regarding county business was illegal. Meyers did not attach any evidence to his plea to the jurisdiction.

The trial court held an oral hearing on Meyers’s plea. Noting that Meyers “is a critical part of this entire matter because he’s inserting himself in it” for purposes of jurisdiction, the trial court denied the plea to the jurisdiction with leave to reassert it after further discovery. Meyers timely appealed the trial court’s interlocutory order pursuant to Texas Civil Practice and Remedies Code section 51.014(a)(8) (West Supp. 2016).

Analysis

In one issue, Meyers contends that the trial court erred in denying his plea to the jurisdiction because the claim against him for injunctive relief is barred by governmental immunity. In determining whether JDC/Firethorne’s allegations sufficiently state an ultra vires claim against Meyers as an exception to immunity, we look to the language of the applicable statutes and subdivision regulations for plat applications in Fort Bend County. We will then identify JDC/Firethorne’s allegations and address the parties’ arguments about whether, under relevant statutory, regulatory, and case law, the allegations are sufficient to invoke the trial court’s jurisdiction over the suit as pleaded.

A. Standard of review.

A government actor’s claim of immunity from suit is a challenge to the district court’s subject-matter jurisdiction. See Hous. Belt & Terminal Ry. Co. v. City of Houston,

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Related

Meyers v. JDC/Firethorne, Ltd.
548 S.W.3d 477 (Texas Supreme Court, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
514 S.W.3d 279, 2016 WL 7436661, 2016 Tex. App. LEXIS 13608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyers-v-jdcfirethorne-ltd-texapp-2016.