CITY OF MESQUITE v. PKG CONTRACTING, INC.

No. 05-07-00627-CV.

263 S.W.3d 444 (2008)

The CITY OF MESQUITE, Appellant v. PKG CONTRACTING, INC., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled October 2, 2008.


Attorney(s) appearing for the Case

W. Andrew Messer, Messer, Campbell & Brady, LLP, Natalie Brooks Banuelos, Frisco, for Appellant.

Bradford W. Irelan, Irelan & Hargis, P.L.L.C., E. John Gorman, Houston, for Appellee.

Before Justices MORRIS, WRIGHT, and MOSELEY.


OPINION

Opinion by Justice MOSELEY.

In this breach of contract case, the City of Mesquite appeals the denial of its plea to the jurisdiction. Because the legislature has clearly and unambiguously waived the City's immunity from suit for the claims asserted against it in this case, we affirm the trial court's order.

BACKGROUND

In October 1999, PKG contracted with the City to construct a storm drainage system. During the course of performance...

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