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City of El Paso, Texas v. Bustillos

This is an appeal from the denial of a plea to the jurisdiction by the city in a suit for declaratory relief, alleging violations of the plaintiffs' due process and equal protection rights. The El Paso Court of Appeals does not agree with the city's first argument that this suit is a disguised claim for monetary relief. While review of the application may result in a monetary payment of relocation assistance, suits requiring compliance with statutory or constitutional provisions are not prohibited by immunity even if the compliance involves the payment of money. Plaintiffs properly pleaded a violation of their constitutional rights, and as such the suit is not barred by governmental immunity. El Paso Court of Appeals, No. 08-08-00244-CV, 05-24-2010

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OPINION

This is an appeal from the denial of a plea to the jurisdiction by the City of El Paso (“the City”) in a suit for declaratory relief, alleging violations of the Plaintiffs’ due process and equal protection rights. On appeal, the City raises one issue arguing the trial court erred in denying the plea to the jurisdiction of Appellees’ declaratory judgment actions since it seeks monetary relief against a governmental entity that has immunity under the Texas Torts Claim Act. We affirm.

Patricia Bustillos and Marcelina Campos were residents of the Mowad subdivision in El Paso, TX. On August 1, 2006, they had to evacuate their residences due to severe flooding. They stayed at the Canutillo Elementary School, where temporary living quarters were provided. On September 1, 2006, a notice of temporary non-habitability and a danger sign were placed outside each of the homes in the Mowad subdivision. On September 14, 2006, the City of El Paso held a community meeting at which it announced plans to buyout the neighborhood. As part of the buyout, the City granted relocation assistance to displaced tenants if they were able to prove a tenant/landlord relationship in Mowad and an increase in rent from what they had been paying at Mowad. The relocations assistance was a lump sum payment of $5,250. Bustillos and Campos had oral leases and both had an increase in rent after leaving Mowad. Bustillos and Campos were not aware of their eligibility for relocation assistance until a former neighbor from the Mowad subdivision informed them about it in April of 2007.

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