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TEXAS PARKS & WILDLIFE DEPT. v. CALLAWAY

No. 03-97-00655-CV.

971 S.W.2d 145 (1998)

TEXAS PARKS AND WILDLIFE DEPARTMENT, Appellant, v. W.M. CALLAWAY, Jr., Appellee.

Court of Appeals of Texas, Austin.

June 11, 1998.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., David J. Preister, Priscilla M. Hubenak, Asst. Attys. Gen., Natural Resources Division, Austin, for Appellant.

Jeffrey Thomas Knebel, Small, Craig & Werkenthin, P.C., Austin, for Appellee.

Before POWERS, ABOUSSIE and JONES, JJ.

JONES, Justice.

This case presents the issue of whether a governmental agency is protected by sovereign immunity when it takes actions that violate both contractual and extracontractual duties. W.M. Callaway, Jr. owns property on which the Texas Parks and Wildlife Department (the "Department") has an easement for a waterway known as the Keith Lake Water Exchange Pass (the "Pass"). Callaway sued the Department on multiple theories for claims arising out of the Department...

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