McNeill Griffin v. C. F. Hawn

Summary

The Texas Supreme Court held that a suit to restrain state highway officials from unlawfully trespassing on private land is not a suit against the State within the rule of immunity, so legislative consent is not required. Accordingly, the trial court's dismissal was improper, the Court of Civil Appeals' reversal and remand as to Coryell County officials was affirmed, and the lower courts' judgments were reversed and the case remanded for further proceedings.