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University of North Texas v. City of Denton

Appellant University of North Texas (UNT) appeals the trial court's order granting the motion for summary judgment of appellee, the city of Denton, acting by and through its electric utility department, Denton Municipal Electric (the city). In UNT's opening brief, it contended in two issues that the trial court's order is improper because the court wrongly concluded that Texas Utilities Code §36.351, which states that municipally owned utilities must give universities a 20 percent discount on the price of utility base rates, has expired and does not apply to the city's relationship with UNT. In UNT's reply brief, it argued that the city's lawsuit is barred by sovereign immunity. Because immunity precludes the suit, the trial court's judgment is reversed. The case is remanded to the trial court to afford the city an opportunity to amend its pleadings. University of North Texas v. City of Denton, Fort Worth Court of Appeals, No. 02-09-00395-CV, 04-14-2011

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OPINION

Appellant University of North Texas (UNT) appeals the trial court’s order granting the motion for summary judgment of appellee City of Denton, Texas, acting by and through its electric utility department, Denton Municipal Electric (the City). In UNT’s opening brief, it contended in two issues that the trial court’s order is improper because the court wrongly concluded that section 36.351 of the utilities code, which states that municipally owned utilities must give universities a 20% discount on the price of utility base rates, has expired and does not apply to the City’s relationship with UNT. In UNT’s reply brief, it argued that the City’s lawsuit is barred by sovereign immunity. Because we agree that immunity precludes the suit, we reverse the trial court’s judgment and remand this case to the trial court to afford the City an opportunity to amend its pleadings.

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