Texas Supreme Court
Kirby Lake Development, Ltd., Miter Development Co., L.L.C., Taylor Lake, Ltd., and Friendswood Development Co…
August 27, 201053 Tex. Sup. Ct. J. 1113
Summary
The Texas Supreme Court held that the word “any” in the developers’ contracts means “every,” requiring the Clear Lake City Water Authority to include the reimbursement measure in each bond election it holds. The Court also held that Local Government Code § 271.152 waives the Authority’s sovereign immunity for breach of contract claims, while Water Code § 49.066 does not, and that the developers’ inverse‑condemnation claim is barred because they consented to the Authority’s use of the facilities. Accordingly, the Court reversed the Court of Appeals on the breach issue, remanded for further proceedings, and affirmed the dismissal of the takings claim.