INDUSTRIAL CONST. MANAGEMENT v. DeSOTO IND. SCH. DIST.

No. 05-89-00449-CV.

785 S.W.2d 160 (1989)

INDUSTRIAL CONSTRUCTION MANAGEMENT, Appellant, v. DeSOTO INDEPENDENT SCHOOL DISTRICT, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied February 16, 1990.


Attorney(s) appearing for the Case

Scott E. Kurth, DeSoto, for appellant.

Randel B. Gibbs, Dallas, for appellee.

Before ENOCH, C.J., and CARVER and BISSETT, JJ.


OPINION

CARVER, Justice.

Industrial Construction Management appeals from a summary judgment in which the trial court found that "the suit filed by the Plaintiff (Industrial) ... founded upon a breach of contract theory is barred in its entirety as a matter of law because the doctrine of sovereign immunity bars the filing of suit against independent school districts without legislative permission." We disagree, reverse, and remand for trial.

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