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Gulf Coast Waste Disposal Authority v. Four Seasons Equipment, Inc.

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OPINION

In this interlocutory appeal, Gulf Coast Waste Disposal Authority (“Gulf Coast”), a political subdivision of the State, appeals the trial court’s denial of its plea to the jurisdiction, asserting that it has immunity from suit. The underlying dispute arises from a commercial transaction in which Gulf Coast acquired a crane from Four Seasons Equipment, Inc. (“Four Seasons”) through an Internet auction. We determine whether, as alleged by Four Seasons, Gulf Coast’s governmental immunity was waived because the acquisition of the crane constituted an uncompensated “taking” of Four Seasons’s property as prohibited by article I, section 17 of the Texas Constitution.

We conclude that the acquisition of the crane was not an unconstitutional taking; thus, Gulf Coast’s sovereign immunity has not been waived. The trial court erred when it denied Gulf Coast’s jurisdictional plea. We further conclude that the trial court lacks subject matter jurisdiction over Four Seasons’s breach of contract claim because Four Seasons’s requested damages exceed the maximum jurisdictional limit of the trial court.

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