BEAUMONT – An appeal focused on a jurisdiction issue in litigation between the city of Dallas and Sabine River Authority of Texas has been dismissed.
The city and SRA are parties to a water supply contract and conveyance agreement.
After the parties failed to agree upon a price, SRA unilaterally set a rate, leading the city to sue in order to obtain a declaration that SRA had no authority to set a rate except by agreement of the parties or with the approval of the Public Utility Commission, according to appellate briefs.
In response, SRA filed a petition in intervention against the city, seeking damages for breach of contract.
The city then filed a plea to the jurisdiction, arguing that it had immunity, which was denied by the trial court, court records show.
In July 2016, the city filed a notice of appeal with the Ninth Court of Appeals. On Sept. 28, 2016, justices stayed court proceedings in the case while the appeal was pending.
More than a year later, on Nov. 16, the Ninth Court issued a memorandum opinion stating both the city of Dallas and SRA filed a joint motion to dismiss the appeal.
The motion is voluntarily made by the parties prior to any decision of this Court,” the opinion states. “No other party filed a notice of appeal. We grant the motion, vacate our Order of September 28, 2016, which stayed trial court proceedings while this appeal was pending, and dismiss the appeal.
“No motion for rehearing will be entertained by the Court.”
The city is represented in part by Nathan Brandimarte, attorney for Beaumont law firm Orgain Bell & Tucker.
Germer PLLC attorney Charles Goehringer Jr. represented SRA in part.
The case was filed in Orange County District Court, case No. D150045-C.
Appeals case No. 09-16-00246-CV