The following are summaries of selected civil opinions issued by the Third Court of Appeals in March 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of April 9, 2024.
GOVERNMENTAL IMMUNITY: Court holds agency is immune from takings claim.
Texas State Library & Archives Comm’n v. Westmoreland, No. 03-22-00276-CV (Tex. App.—Austin Mar. 22, 2024, no pet. h.).
Commission sued Westmoreland to recover a Republic of Texas-era letter, contending it was a state record. Westmoreland counterclaimed, alleging an unconstitutional taking. The trial court denied commission’s plea to the jurisdiction. The court of appeals observed that immunity does not shield the state from an unconstitutional taking of property. But here, commission had only asserted a claim of ownership; it had not attempted to take possession. Thus, there was no basis for a takings claim. If the trial court determined the letter to be a state record, then it is the state’s property and no unlawful taking occurs. Accordingly, the court held that the trial court lacked jurisdiction over the takings counterclaim and reversed and rendered.