Salazar v. Wilson

511 S.W.3d 49, 2014 Tex. App. LEXIS 5175, 2014 WL 1940673
CourtCourt of Appeals of Texas
DecidedMay 14, 2014
DocketNo. 08-13-00171-CV
StatusPublished
Cited by3 cases

This text of 511 S.W.3d 49 (Salazar v. Wilson) 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
Salazar v. Wilson, 511 S.W.3d 49, 2014 Tex. App. LEXIS 5175, 2014 WL 1940673 (Tex. Ct. App. 2014).

Opinions

OPINION

GUADALUPE RIVERA, Justice.

Appellants appeal the trial court’s order granting Appellees’ plea to the jurisdiction. We affirm the trial court’s order granting Appellees’ plea to the jurisdiction.

BACKGROUND

Appellants, Ray Salazar, Richard A. Najera, Julie Reynolds, Guillermo Acosta, Othon Medina, and Jesus B. Ochoa, Jr. filed suit against El Paso City Manager, Joyce Wilson, El Paso City Representative for District 7, Steve Ortega, and El Paso City Representative for District 8, Courtney Niland (Appellees) in their individual capacities. Appellants sought class action status on behalf of a class of more than 2,300 taxpayers who voted in elections when Representatives Ortega and Niland were candidates. Tex.R. Civ. P. 42. Appellants presented three causes of action regarding the acts of one or more Ap-pellees for: (1) misapplication of public funds in the purchase of real estate; (2) illegal payment of a broker’s commission for donated property; and (3) conspiracy to corrupt the political process in El Paso, Texas. In their live petition, Appellants alleged that Appellees undertook activities for personal gain and benefit without legal authority while serving as agents, servants, and elected officials of the City of El Paso, that their acts were performed ultra vires, and that Appellees are not cloaked with immunity for the alleged activities. Appellants demanded a jury trial and sought as relief damages “in a sum as a jury may find.”

Appellees filed a plea to the jurisdiction therein asserting that the trial court was [51]*51without jurisdiction because: (1) Appellants lack standing to pursue all claims against each Appellee and have not alleged a personal or particular injury; (2) the Texas Tort Claims Act expressly excludes from the waiver of immunity claims of intentional torts, such as the conspiracy complaint filed against Appellees, regardless of whether they are sued in their official or individual capacities; (8) Representatives Ortega’s and Niland’s acts of voting constituted quintessentially legislative acts for which they are entitled to immunity; and (4) immunity is not waived for Appellants’ ultra vires claims as the claims are not made against Appellees in their official capacities and do not seek prospective injunctive relief but, rather, impermissible monetary damages.

After hearing argument from the parties’ counsel, Honorable Stephen B. Abies granted Appellees’ plea to the jurisdiction based on Appellees’ governmental immunity, Representatives Ortega’s and Niland’s legislative immunity, and Appellants’ lack of standing.

DISCUSSION

Appellants present four issues for our consideration. In Issue One, Appellants assert the trial court erred “in constructing Appellants’ live pleadings without taking factual allegations as true and constructing them in their favor without having examined their intent[.]” In Issue Two, Appellants assert the trial court erred when it granted Appellees’ plea to the jurisdiction based on Appellants’ live pleadings and then assert the trial court erred in finding Appellants lacked standing. Issue Three initially contends the trial court abused its discretion in granting Appellees’ plea based on Appellants’ live pleadings but then asserts that the trial court abused its discretion because their pleadings do not affirmatively negate the existence of jurisdiction and the trial court abused its discretion by dismissing the'.'cause with prejudice. In Issue Four, Appellants complain the trial court erred when it granted the plea on the basis of governmental and legislative immunity “while failing to recognize the ultra vires exception in Appellants’ common law action for damages[.]”

Standard of Review

Subject matter jurisdiction is essential to a court’s authority to decide a case. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 553-54 (Tex.2000); Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex.1993). A court cannot enter a valid judgment if it lacks subject matter jurisdiction. Dubai Petroleum Company v. Kazi, 12 S.W.3d 71, 74-75 (Tex.2000); see also Tex. Ass’n of Bus., 852 S.W.2d at 446 (acknowledging that if a court lacks subject matter jurisdiction it has no choice but to dismiss the case); City of DeSoto v. White, 288 S.W.3d 389, 393 (Tex.2009) (noting that the failure of a jurisdictional requirement deprives a court of the power to hear the action).

A plea to the jurisdiction is a dilatory plea whereby a party challenges a trial court’s power to adjudicate the subject matter of the controversy. Bland Indep. Sch. Dist., 34 S.W.3d at 554; Rojas v. County of El Paso, 408 S.W.3d 535, 537-38 (Tex.App.-El Paso 2013, no pet.); Samaniego v. Keller, 319 S.W.3d 825, 828 (Tex.App.-El Paso 2010, no pet). The purpose of a plea to the jurisdiction is to “defeat a cause of-action without regard to whether the claims asserted have [any] merit.” Bland Indep. Sch. Dist., 34 S.W.3d at 554.

Whether a court has subject matter jurisdiction is a question of law. State v. Holland, 221 S.W.3d 639, 642 (Tex.2007); Tex. Dep’t of Parks and Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex.2004). [52]*52Accordingly, we review a trial court’s ruling on a plea to the jurisdiction de novo. Holland, 221 S.W.3d at 642; Miranda, 133 S.W.3d at 226. In conducting our review, we consider only the pleadings and evidence that are relevant to the jurisdictional issue, and avoid considering evidence that goes to the merits of the case. Bland Indep. Sch. Dist., 34 S.W.3d at 555. When performing our review of a trial court’s ruling on a plea to the jurisdiction, we construe the pleadings liberally in favor of conferring jurisdiction. Tex. Dep’t of Transp. v. Ramirez, 74 S.W.3d 864, 867 (Tex.2002).

A plaintiff has the burden of pleading facts which affirmatively demonstrate the trial court’s jurisdiction. See Miranda, 133 S.W.3d at 228; Tex. Ass’n of Bus., 852 S.W.2d at 446; Samaniego, 319 S.W.3d at 828. In a plea to the jurisdiction, a defendant may challenge either the plaintiffs pleadings or the existence of jurisdictional facts. Miranda, 133 S.W.3d at 226. If a plea challenges the existence of jurisdictional facts, we consider not only the pleadings, but relevant evidence when necessary to resolve the jurisdictional issues raised, as the trial court is required to do. See Holland, 221 S.W.3d at 643; Miranda, 133 S.W.3d at 227; Bland Indep. Sch. Dist., 34 S.W.3d at 555. In most cases, the trial court should limit its consideration of evidence to only that which is relevant to the jurisdictional issue and avoid considering evidence that goes to the merits.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
511 S.W.3d 49, 2014 Tex. App. LEXIS 5175, 2014 WL 1940673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salazar-v-wilson-texapp-2014.