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STATE v. CITY OF GALVESTON

No. 01-03-00557-CV.

175 S.W.3d 1 (2004)

The STATE of Texas, Appellant, v. The CITY OF GALVESTON, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

September 10, 2004.

Attorney(s) appearing for the Case

Greg Abbott, Rance L. Craft, Assistant Solicitor General, Austin, TX, for Appellant.

Ramon G. Viada, Abrams, Scott & Bickley, L.L.P., Houston, TX, for Appellee.

Panel consists of Justices TAFT, KEYES, and BLAND.

OPINION

TIM TAFT, Justice.

Appellant, the State of Texas, appeals from a final order granting the plea to the jurisdiction of appellee, the City of Galveston ("the City"), and dismissing the cause. We decide whether a municipality enjoys governmental immunity from the State's lawsuit for negligence and actual damages. Answering the question in the negative, we reverse the order and remand the cause.

Standard of Review

In deciding a plea...

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