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MANDATE
Court of Appeals
First District of Texas
NO. 01-12-01091-CV
THE CITY OF HOUSTON, Appellant
V.
DOWNSTREAM ENVIRONMENTAL, L.L.C., Appellee
Appeal from the 295th District Court of Harris County. (Tr. Ct. No. 2011-29293).
TO THE 295TH DISTRICT COURT OF HARRIS COUNTY, GREETINGS:
Before this Court, on the 12th day of June 2014, the case upon appeal to revise or to
reverse your judgment was determined. This Court made its order in these words:
This Court today considered a motion for rehearing
filed by appellant, the City of Houston. We order that the
motion be denied and that this Court’s former judgment of
April 3, 2014 be vacated, set aside, and annulled. We further
order this Court’s opinion of April 3, 2014 withdrawn.
This case is a statutory interlocutory appeal from the
order signed by the trial court on November 28, 2012. After
submitting the case on the appellate record and the arguments
properly raised by the parties, the Court holds that there was
reversible error in the portion of the trial court’s order that
denied the City of Houston’s plea to the jurisdiction as to
Downstream Environmental L.L.C.’s contract and negligence
causes of action as well as its claims for monetary relief based
on alleged constitutional violations. Accordingly, the Court
reverses this portion of the trial court’s order and renders
judgment of dismissal as to these claims.
The Court further holds that there was no reversible
error in the remaining portion of the trial court’s order, which
denied the City of Houston’s plea to the jurisdiction as to
Downstream Environmental L.L.C.’s claims for injunctive
relief based on alleged constitutional violations. Therefore, the
Court affirms the remaining portions of the trial court’s order.
The Court further remands the case to the trial court for
further proceedings on Downstream Environmental L.L.C.’s
pending claims for injunctive relief based on alleged
constitutional violations.
The Court orders that the appellant, the City of
Houston, pay one half of the appellate costs. The Court
orders that the appellee, Downstream Environmental, L.L.C.,
pay one half of the appellate costs.
The Court orders that this decision be certified below
for observance.
Judgment rendered June 12, 2014.
Panel consists of Justices Keyes, Higley, and Massengale.
Opinion delivered by Justice Massengale.
WHEREFORE, WE COMMAND YOU to observe the order of our said Court in
this behalf and in all things to have it duly recognized, obeyed, and executed.
January 30, 2015
Date CHRISTOPHER A. PRINE
CLERK OF THE COURT