Opinion
NO. 03-20-00376-CV
07-31-2020
Texas General Land Office, and George P. Bush, named in his Official Capacity as Texas Land Commissioner, Appellants v. City of Houston, Appellee
FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-20-003520 , THE HONORABLE TIM SULAK, JUDGE PRESIDING DISSENTING OPINION
I respectfully dissent from the panel's grant of the City of Houston's emergency motion to reinstate the trial court's temporary injunction. The trial court lacks jurisdiction over the City's claims. Further, the City is not entitled, under the law or its contract with the Texas General Land Office, to the relief granted by the temporary injunction and now by this Court's order—essentially restraining the State from performing governmental functions and going so far as to prohibit the State from seeking assistance from the U.S. Department of Housing and Urban Development. Under these circumstances, this Court should not impose additional delays to the administration of relief funds to the people of Houston while the parties resolve their contract dispute.
/s/_________
Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Baker, and Kelly Filed: July 31, 2020