SOUTHWESTERN BELL TELEPHONE, L.P. v. HARRIS CTY. TOLL ROAD AUTHORITY

No. 06-0933.

282 S.W.3d 59 (2009)

SOUTHWESTERN BELL TELEPHONE, L.P., d/b/a SBC TEXAS, Petitioner, v. HARRIS COUNTY TOLL ROAD AUTHORITY and Harris County, Respondents.

Supreme Court of Texas.

Decided April 3, 2009.


Attorney(s) appearing for the Case

Robert E. Davis, Hughes & Luce, L.L.P., Danny S. Ashby, James A. Baker, Stanford Purser, K&L Gates LLP, Dallas, TX, Mike A. Hatchell, Susan A. Kidwell, Sarah B. Duncan, Locke Lord Bissell & Liddell, LLP, Austin TX, James D. Ellis, Alfred G. Richter Jr., Richard M. Parr, San Antonio, TX, Walter O. Theiss, David Charles Welsch, Dallas, TX, Elizabeth Kay Ferrell, Bellaire, TX, Amy Douthitt Maddux, Jonathan Bruce Smith, Shipley Snell Montgomery LLP, Houston, TX, Jon David Hensarling, Raleigh, NC, Timothy A. Whitley, Houston, TX, April Joy Rodewald, Dallas, TX, for Petitioner.

Michael A. Stafford, Harris County Atty., Bruce S. Powers, Assistant County Attorney, Houston TX, for Respondent.

David J. Schenck Jones Day, Dallas TX, Daniel L. Geyser, Office of the Attorney General of Texas, Austin TX, for Amicus Curiae, State of TX.


Chief Justice JEFFERSON delivered the opinion of the Court.

A telephone company that was forced to relocate its facilities due to road construction demanded reimbursement from the county and its toll road authority. Neither our statutes nor our constitution, however, authorize the relief sought. Because the utility has no vested property right to relocation of its facilities at county expense, and because the Legislature has not waived the governmental entities' immunity...

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