Texas Supreme Court
Catalina Development, Inc. and Gregory Collins, Petitioners v. County of El Paso, Texas, Respondent
May 8, 200346 Tex. Sup. Ct. J. 636
Summary
The Texas Supreme Court affirmed the appellate court's summary judgment in favor of El Paso County, holding that the county did not waive sovereign immunity by its conduct in the land sale. The Court reasoned that actions taken during contract formation, such as soliciting bids, accepting an earnest money deposit, and sending a deed, do not constitute a waiver of immunity from suit. The Court also held that Collins's additional complaints were waived for failure to raise them below. Justice ENOCH dissented, arguing that the county's conduct did waive immunity and that the case should be remanded for trial.