The 14th Court of Appeals has granted the San Jacinto River Authority immunity from several Hurricane Harvey lawsuits.
During Harvey in 2017, SJRA released water from its Lake Conroe reservoir into the West Fork of the San Jacinto River, resulting in numerous downstream home owners, as well as business owners, to sue, alleging the authority’s action caused or worsened flooding on their properties.
The appeal centered on whether the trial court erred in denying the River Authority’s plea to the jurisdiction challenging the plaintiffs’ statutory property takings claims under Government Code chapter 2007.
Chapter 2007, the Private Real Property Rights Preservation Act, applies to governmental actions that restrict or limit private property rights.
On Oct. 16, the 14th Court reversed the ruling, dismissing the plaintiffs’ statutory takings claims.
“After reviewing the extensive record, we conclude that the River Authority has established conclusively that the reasonable good faith exclusion in Government Code section 2007 … applies, and that appellees have not created a fact question on that jurisdictional issue,” the opinion states.
“Consequently, the River Authority has no liability under the statute, the Legislature has not waived the River Authority’s governmental immunity, and the trial court lacks jurisdiction.”
Background
On Aug. 27, 2017, SJRA began releasing stormwaters from Lake Conroe into the West Fork of the San Jacinto River. Many homeowners and businesses throughout the Kingwood and Humble areas suffered devastating flooding during the storm.
SJRA initially sought to dismiss the ensuing lawsuits under rule 91a, which the trial court denied. On interlocutory appeal, the 14th Court held that the plaintiffs sufficiently pleaded viable statutory takings claims sufficient to overcome a rule 91a motion.
In response, SJRA filed a plea to the jurisdiction asserting that it retains its governmental immunity, which deprives the trial court of subject matter jurisdiction over the statutory takings claims, the opinion states.
The property owners acknowledge that SJRA is a political subdivision of the state generally entitled to governmental immunity, but asserted that the Texas Legislature expressly waived SJRA’s governmental immunity from suit and liability in Chapter 2007.
Appeals case No. 14-23-00923-CV
