[DOWNLOAD] "EPGT Texas Pipeline, L.P. v. Harris County Flood Control District" by In the Court of Appeals Sixth Appellate District of Texas at Texarkana * eBook PDF Kindle ePub Free

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eBook details

Title: EPGT Texas Pipeline, L.P. v. Harris County Flood Control District
Author : In the Court of Appeals Sixth Appellate District of Texas at Texarkana
Release Date : January 12, 2004
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 82 KB

Description

EPGT Texas Pipeline, L.P., successor to PG&E Texas Pipeline, L.P. (PG&E) appeals a final summary judgment granted in favor of the appellee, Harris County Flood Control District ("HCFCD"). PG&E seeks damages resulting from the herniation and displacement of its gas pipeline in the City of South Houston, as a result of HCFCDs nearby drainage excavation project. We conclude that (1) the Texas Tort Claims Act ("TTCA") governs sovereign immunity for claims in tort against the State and the political subdivisions of the State, and PG&E does not allege a claim in tort for which the TTCA provides a waiver of immunity; and (2) the Water Code waives HCFCDs immunity as to PG&Es breach of contract claim, but the trial court properly granted summary judgment, because PG&E is not an intended third party beneficiary to the contract upon which it bases its claim. We therefore affirm the summary judgment as to PG&Es tort and contract claims. We reverse and render the summary judgment on PG&Es inverse condemnation claim, however, as the Harris County Courts at Law have exclusive jurisdiction over such a claim, and the trial court thus lacked jurisdiction to enter summary judgment on the claim.