Texas Justices Say Houston Not Immune From Railroads' Suit

Law360, Washington (April 1, 2016, 6:38 PM EDT) -- The Texas Supreme Court said Friday that governmental immunity does not shield Houston from claims related to a former official's drainage fee calculations, siding with a trio of railroad companies and sending their challenge to the calculations back to trial court.

Holding that a government official can overreach his authority even on issues for which he has discretion, the state’s highest court reversed an appellate determination that immunity barred certain claims in the suit, in which BNSF Railway Co., Union Pacific Railroad Co. and Houston Belt & Terminal Railway Co. allege former Public Works and Engineering Director Daniel Krueger used a...

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