Texas Supreme Court

Wasson Interests, Ltd., Petitioner v. City of Jacksonville, Texas, Respondent

April 1, 201659 Tex. Sup. Ct. J. 524

Summary

The Texas Supreme Court held that the proprietary‑governmental dichotomy, which distinguishes a municipality’s governmental from proprietary functions, applies to breach‑of‑contract actions just as it does to tort actions. Accordingly, a city is not immune from contract suits when it acts in a proprietary capacity. The Court reversed the Court of Appeals, which had held the opposite, and remanded for further determination of the lease’s character and any other summary‑judgment issues.