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TEXAS BAY CHERRY HILL v. CITY OF FORT WORTH

No. 2-06-325-CV.

257 S.W.3d 379 (2008)

TEXAS BAY CHERRY HILL, L.P., Appellant v. The CITY OF FORT WORTH, Texas, and Becky L. Haskin, Appellees.

Court of Appeals of Texas, Fort Worth.

May 29, 2008.

Attorney(s) appearing for the Case

Chaiken & Chaiken; B. Chaiken, Robert L. Chaiken and Gregory S. Gober, Dallas, for Appellant.

Theodore P. Gorski, Jr. and James A. Riddell, Asst. City Attys., Fort Worth, for Appellees.

PANEL B: DAUPHINOT, GARDNER, and WALKER, JJ.

OPINION

ANNE GARDNER, Justice.

I. Introduction

Texas Bay Cherry Hill, L.P. ("Cherry Hill") appeals from a trial court order granting the City of Fort Worth's plea to the jurisdiction and dismissing Cherry Hill's claims against former Fort Worth City council member Becky L. Haskin. This appeal presents four key questions: (1) whether the City was engaged in a governmental function—and therefore immune from suit—or a proprietary function...

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