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CITY OF HOUSTON v. JONES

No. 04-0879.

197 S.W.3d 391 (2006)

CITY OF HOUSTON, Petitioner, v. Kenneth S. JONES, Respondent.

Supreme Court of Texas.

June 30, 2006.

Attorney(s) appearing for the Case

Andrea Chan, Asst. City Atty., Thomas R. Rodriguez, L. Renee Lowe, Houston, Judith D. Sanchez, Thomas Hudson & Brustkern LLP, Austin, for petitioner.

Manuel Lopez, David A. Chaumette, Christy Martin Liddle, Shook, Hardy & Bacon L.L.P., Robert James Carty Jr., Seyfarth Shaw LLP, Houston, for respondent.

PER CURIAM.

Kenneth S. Jones sued the City of Houston on tort claims arising out of demolition work, settled those claims, then sued the City for breach of the settlement agreement. The trial court overruled the City's plea to the jurisdiction based on immunity from suit, and the City took an interlocutory appeal. The court of appeals affirmed, holding that the City's immunity from suit is waived by a provision in its charter authorizing it to "sue and be sued,. ...

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