Anne Ballantyne, Mary McComb, Jon Sandige, Richard Schimpff, and Susie Willerson, Petitioners v. Champion Builders…

Summary

The Texas Supreme Court held that individual members of a city’s board of adjustment are entitled to official immunity for state law claims when they act within the scope of their authority, perform a discretionary function, and act in good faith, applying an objective standard and rejecting subjective evidence; consequently the Court reversed the appellate judgment and affirmed the trial court’s judgment n.o.v. granting immunity. Justice O’Neill filed a concurring opinion noting that negligence claims are inappropriate and that other constitutional claims might be available.