Houston Belt & Terminal Railway Co., Bnsf Railway Co., and Union Pacific Railroad Co., Petitioners v. City Of…

Summary

The Texas Supreme Court held that the railroads have pleaded viable ultra vires claims challenging the City of Houston Director of Public Works' determinations of both benefitted property and impervious surface, and therefore the city’s governmental immunity does not bar those claims. The Court reversed the appellate court’s dismissal of the impervious‑surface claim and affirmed the finding that the benefitted‑property claim was viable, remanding for further proceedings. Justice Lehrmann filed a concurring opinion agreeing with the judgment and discussing the relationship between governmental immunity and subject‑matter jurisdiction.