(DOWNLOAD) "Texas Municipal Power Agency V. Public Utility Commission" by Texas Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Texas Municipal Power Agency V. Public Utility Commission
- Author : Texas Court of Appeals
- Release Date : January 06, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
In an interlocutory appeal from the grant of a plea to the jurisdiction, see Tex. Civ. Prac. & Rem. Code Ann. § 510.014(a) (West 1997), Texas Municipal Power Agency ("Municipal Power") challenges an order of the Public Utility Commission ("the Commission") regarding the allocation of transmission costs for electricity provided by Municipal Power to the City of Bryan ("Bryan"). See Tex. Gov't Code Ann. §§ 2001.171-.178 (West 2000) ("the APA"). After its suit for judicial review in district court ("the APA appeal") had been on file for almost a year, Municipal Power amended its petition to add a claim for declaratory judgment under the Uniform Declaratory Judgment Act. See Tex. Civ. Prac. & Rem. Code Ann. § 37.004(a) (West 1997) ("UDJA," "the UDJA action"). The Commission and Bryan responded by filing pleas to the jurisdiction asserting that the district court did not have subject matter jurisdiction over the declaratory judgment action because: (1) the claim was barred by sovereign immunity, and (2) the remedy sought duplicated the remedy available in the APA appeal. Because we understand a declaratory judgment action requesting construction of an agency's powers under its authorizing statute to be independent of the APA and unaffected by sovereign immunity, we will reverse the trial court's order and remand for further proceedings.
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