NBL 300 Group Ltd. v. Guadalupe-Blanco River Authority

537 S.W.3d 517
CourtCourt of Appeals of Texas
DecidedAugust 16, 2017
DocketNo. 04-17-00264-CV
StatusPublished

This text of 537 S.W.3d 517 (NBL 300 Group Ltd. v. Guadalupe-Blanco River Authority) 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
NBL 300 Group Ltd. v. Guadalupe-Blanco River Authority, 537 S.W.3d 517 (Tex. Ct. App. 2017).

Opinion

OPINION

Opinion by:

Patricia O. Alvarez, Justice

This case stems from the trial court’s grant of Appellee Guadalupe-Bianco River Authority’s (GBRA.) plea to the jurisdiction regarding Appellant NBL 300 Group Ltd.’s breach of contract claim. On appeal, NBL contends GBRA waived immunity under Texas Local Government Code sections 271.151-.160. See Tex. Loc. Gov’t Code Ann. §§ 271.151-.160 (West 2016). Because we conclude. the pleadings set forth a negotiated and executed contract for goods and services, we reverse the trial court’s grant of GBRA’s plea to the jurisdiction and remand this matter to the trial court for further proceedings- consistent with this opinion.

Factual and Procedural Background

NBL, a developer, was in the process of developing a group of properties known as Legend Pond. As part of the development process, on May 25, 2003, NBL and GBRA entered into an agreement for the construction of a “wet well” and “lift station” (wastewater systems). Pursuant to the contract, NBL was to provide and over[532]*532see/arrange for the engineering, design, and construction of various improvements to the properties in question. In return, GBRA was to provide reimbursements for connections made to the wet well and lift station, and to establish the rates for connection to the wastewater project. Additionally, the contract provided as followed:

[i]n order to reimburse NBL Group for its pro-rata share of [engineering and permitting costs], GBRA agrees to add $100.00 per lot to the connection fees and such additional fees will be collected and retained by GBRA in the same manner as connection fees are handled under this Agreement. Monies collected and retained by GBRA as part of this $100.00 per lot additional fee will be forwarded to NBL on a quarterly basis (every 90 days) until such time NBL Group is reimbursed its pro-rata share of the engineering and permitting costs under this agreement.

In accordance with the contractual terms, the agreement terminated on April 25, 2013.

On June 28, 2016, NBL filed suit against GBRA alleging breach of contract and fraud, and in the alternative, sought recovery under the doctrines of quantum meru-it, promissory estoppel, negligent misrepresentation, fraud, and gross negligence. On September 30, 2016, GBRA timely filed its original answer.

On November 22, 2016, GBRA filed its plea to the jurisdiction asserting that NBL failed to demonstrate a valid legislative waiver of immunity on each of NBL’s claims. Approximately one month later, on December 27, 2016, NBL filed Plaintiffs First Amended Petition. GBRA filed its First Amended Answer and Amended Plea to the Jurisdiction to Plaintiffs First Amended Petition on January 11, 2017. NBL’s response to the Amended Plea to the Jurisdiction was filed on January 24, 2017.

A hearing on the plea to the jurisdiction was héld on January 26, 2017. On March 7, 2017, the trial court entered a final judgment in favor of GBRA, granting the GBRA’s plea to the jurisdiction and dismissing NBL’s case in its entirety. This appeal ensued.

Standard op Review

“A plea to the jurisdiction is a dilatory plea that seeks dismissal of a case for lack of subject matter jurisdiction.” Harris Cty. v. Sykes, 136 S.W.3d 635, 638 (Tex. 2004); Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 225-26 (Tex. 2004); Tex. Nat. Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 855 (Tex. 2002). The purpose of a plea to the jurisdiction is “to defeat a cause of action without regard to whether the claims asserted have merit.” Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). Because the existence of subject matter jurisdiction is a question of law, we review a trial court’s ruling on a plea to the jurisdiction de novo. Hous. Belt & Terminal Ry. Co. v. City of Hous., 487 S.W.3d 154, 160 (Tex. 2016); State v. Holland, 221 S.W.3d 639, 642 (Tex. 2007).

An appellate court’s analysis begins with an evaluation of the plaintiffs’ pleadings. Holland, 221 S.W.3d at 642, “We construe the pleadings liberally, looking to the pleaders’ intent.” Id. at 643 (citing Miranda, 133 S.W.3d at 226); accord City of Waco v. Kirwan, 298 S.W.3d 618, 621-22 (Tex. 2009). In deciding a plea to the jurisdiction, a court may not weigh the claim’s merits but-must consider only the plaintiffs pleadings and the evidence pertinent to the jurisdictional inquiry. Holland, 221 S.W.3d at 642; see also Cnty. of Cameron v. Brown, 80 S.W.3d 549, 555 (Tex. 2002). “Our ultimate inquiry is [533]*533whether the particular facts presented, as determined by the foregoing review of the pleadings and any evidence, affirmatively demonstrate a claim within the trial court’s subject[ ]matter jurisdiction.” Tex. Dep’t of State Health Servs. v. Balquinta, 429 S.W.3d 726, 738 (Tex. App.—Austin 2014, pet. dism’d).

Our standard of review in a plea to the jurisdiction case “generally mirrors that of a summary judgment.” Miranda, 133 S.W.3d at 228; Kirwan, 298 S.W.3d at 622. To survive a plea to the jurisdiction, the plaintiff must “show that there is a disputed material fact regarding the jurisdictional issue.” Miranda, 133 S.W.3d at 228; Kinvan, 298 S.W.3d at 622. We take as true all evidence favorable to the plaintiffs pleadings and indulge every reasonable inference and resolve all doubts in the plaintiffs favor. See Miranda, 133 S.W.3d at 228.

Here, NBL bore the burden to plead facts that affirmatively demonstrate that governmental immunity has been waived as to the alleged breach of contract claims and that the trial court has subject matter jurisdiction. See McMahon Contracting, L.P. v. City of Carrollton, 277 S.W.3d 458, 464 (Tex. App.—Dallas 2009, pet. denied).

Texas Government Code Section 271.152

Governmental entities retain immunity from suit unless it has been waived. City of Houston v. Williams, 353 S.W.3d 128, 134 (Tex. 2011). “If the Legislature has not expressly waived immunity from suit, the State retains such immunity even if its liability is not disputed.” IT-Davy, 74 S.W.3d at 853. The waiver of immunity set forth in section 271.152 provides as follows:

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Related

Texas Department of Parks & Wildlife v. Miranda
133 S.W.3d 217 (Texas Supreme Court, 2004)
Harris County v. Sykes
136 S.W.3d 635 (Texas Supreme Court, 2004)
State v. Holland
221 S.W.3d 639 (Texas Supreme Court, 2007)
City of Waco v. Kirwan
298 S.W.3d 618 (Texas Supreme Court, 2009)
Kirby Lake Development, Ltd. v. Clear Lake City Water Authority
320 S.W.3d 829 (Texas Supreme Court, 2010)
The City of Houston v. Steve Williams
353 S.W.3d 128 (Texas Supreme Court, 2011)
Fort Worth Independent School District v. City of Fort Worth
22 S.W.3d 831 (Texas Supreme Court, 2000)
Texas Natural Resource Conservation Commission v. IT-Davy
74 S.W.3d 849 (Texas Supreme Court, 2002)
Bland Independent School District v. Blue
34 S.W.3d 547 (Texas Supreme Court, 2000)
Guadalupe-Blanco River Authority v. Pitonyak
84 S.W.3d 326 (Court of Appeals of Texas, 2002)
McMahon Contracting, L.P. v. City of Carrollton
277 S.W.3d 458 (Court of Appeals of Texas, 2009)
County of Cameron v. Brown
80 S.W.3d 549 (Texas Supreme Court, 2002)
Van Zandt v. Fort Worth Press
359 S.W.2d 893 (Texas Supreme Court, 1962)
City of North Richland Hills v. Home Town Urban Partners, Ltd.
340 S.W.3d 900 (Court of Appeals of Texas, 2011)
Town of Flower Mound v. Rembert Enterprises, Inc.
369 S.W.3d 465 (Court of Appeals of Texas, 2012)
Texas Department of State Health Services v. Balquinta
429 S.W.3d 726 (Court of Appeals of Texas, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
537 S.W.3d 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nbl-300-group-ltd-v-guadalupe-blanco-river-authority-texapp-2017.