HOUSTON - Today, the First Court of Appeals affirmed a ruling denying the city of Pasadena’s plea to the jurisdiction in litigation brought by two apartment complex owners seeking the return of money paid to the city through utility and trash-collection billing.
Court records show the declaratory action was brought by the owners of Victoria Village Apartments and Courtyard Apartments in 2018.
The apartment owners allege the city implemented a waste-removal scheme granting an exclusive contract to Waste Management to provide trash-removal services to all non-residential customers, and requiring all non-residential trash-removal customers to use Waste Management and to pay whatever amount the city dictated, according to the First Court’s opinion.
The city moved to dismiss for lack of subject matter jurisdiction, asserting governmental immunity from suit. The trial court denied the city’s plea to the jurisdiction. On appeal, the city and two public officials argued that the trial court erred.
The First Court concluded that the trial court did not err in denying the plea to the jurisdiction.
Case No. 01-20-00287-CV