Texas Court Finds City Immunity In Power Contract Suit

Law360, Dallas (January 8, 2014, 8:27 PM EST) -- A Texas appeals court on Wednesday refused to overturn a decision granting the city of Boerne immunity from a breach of contract suit brought by the Lower Colorado River Authority over a wholesale power agreement.

The Fourth Court of Appeals rejected argument from the LCRA that because Boerne signed the agreement to buy electricity, it was acting with a proprietary function akin to a private person, rather than as a government afforded sovereign immunity. The court said it was bound by prior precedent, under its 2012...
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