6 results for 'cat:"Water" AND cat:"Immunity"'.
J. Devine finds that the court of appeals improperly ruled against a private developer in a contract case it filed against the City of San Antonio water system. Based on a contract it formed with the city, the developer alleged that the city was obligated to reserve sewer capacity for a housing development project. The court of appeals granted the city's motion to dismiss the case, citing governmental immunity, and finding that the city had no contractual right to reserve the capacity. However, the contract entered into by the developer and the city waived the city's immunity because it effectively outlined the terms of the project, forming an agreement between the parties. Reversed.
Court: Texas Supreme Court, Judge: Devine, Filed On: April 12, 2024, Case #: 22-0481, Categories: Government, water, immunity
J. Busby finds that the court of appeals improperly ruled against San Jacinto River Authority, dismissing its claims against municipalities for failing to pay dues under water contracts. The court of appeals dismissed the river authority's claims against the municipalities, finding they had governmental immunity. While the municipalities cannot be forced to mediate the case as asserted by the river authority, the water contracts do waive their governmental immunity. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: April 12, 2024, Case #: 22-0649, Categories: Government, water, immunity
J. Calabretta refuses to dismiss an irrigation district’s Clean Water Act claim against the director of the California State Water Resources Control Board challenging the issuance of a restrictive 401 certificate pertaining to its hydroelectric dam project. The director is not immune from suit, as she has already issued the certificate to the Federal Energy Regulatory Commission and, therefore, the harm is imminent and ripe.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: December 6, 2023, Case #: 2:21cv851, NOS: Other Statutory Actions - Other Suits, Categories: water, immunity
J. Jarbou dismisses class claims contending plaintiffs consumed water containing lead, bacteria, and other contaminants for lack of subject matter jurisdiction over U.S. and EPA defendants covered by sovereign immunity.
Court: USDC Western District of Michigan, Judge: Jarbou, Filed On: September 28, 2023, Case #: 1:22cv186, NOS: Environmental Matters - Other Suits, Categories: water, immunity, Class Action
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J. Palafox withdraws this court’s previous opinion issued on March 8, 2023, and substitutes it for one finding the lower court did not err in granting summary judgment to a groundwater district and local official in a water dispute. An interested investment company alleged it had wrongfully been denied party status in a third party’s water application renewal process, but the investment company could neither show how it exhausted administrative remedies nor how it can overcome governmental immunity. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: July 10, 2023, Case #: 08-21-00200-CV, Categories: Government, water, immunity