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CITY OF MEXIA v. TOOKE

No. 10-02-261-CV.

115 S.W.3d 618 (2003)

CITY OF MEXIA, Texas, Appellant, v. Judy TOOKE and Everett Tooke, d/b/a J.E. Tooke & Sons and d/b/a Nature's Way Organic Landscaping, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled August 13, 2003.

Attorney(s) appearing for the Case

Kathleen French Dow, Buenger & Associates, Waco, for Appellant.

Brian L. Gibson, Gibson & Associates, P.L.L.C., Groesbeck, for Appellees.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

REX D. DAVIS, Chief Justice.

In this appeal, we decide whether section 51.075 of the Texas Local Government Code provides a waiver of immunity from suit for home-rule municipalities. Texas appellate courts are divided on this issue. We conclude that section 51.075 does not constitute a "clear and unambiguous" waiver of immunity from suit.

BACKGROUND

The City of Mexia contracted with J.E. Tooke and Sons ("Tooke") for curbside collection...

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