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MBP CORP. v. BD. TRUSTEES GALVESTON WHARVES

No. 14-07-01064-CV.

297 S.W.3d 483 (2009)

MBP CORP., Appellant v. BOARD OF TRUSTEES OF the GALVESTON WHARVES and The Galveston Port Facilities Corporation, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

September 17, 2009.

Attorney(s) appearing for the Case

Ben A. Baring, Jr., Paul J. McConnell, III, Houston, TX, Craig Trively Enoch, Linda Jene Burgess, Austin, TX, Keith W. McFatridge, Jr., Galveston, TX, for Appellant.

Anthony P. Brown, Michael B. Hughes, Galveston, TX, for Appellees.

Panel consists of Justices GUZMAN and SULLIVAN, and Senior Justice HUDSON.

OPINION

KENT C. SULLIVAN, Justice.

Appellant, MBP Corp., sued two governmental entities for breach of a lease agreement and inverse condemnation. The trial court dismissed the suit, ruling that the defendants were immune from suit. Appellant challenges the dismissal, raising two issues. First, MBP contends governmental immunity does not bar its constitutional-takings claim against the appellees, the Board...

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