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To: PAR35

Proving the amount of damages isn’t the issue. Governmental immunity is the issue.

As in every other state, the state and local governments have sovereign or governmental immunity from suit unless that immunity is waived by the state legislature. The legislative waiver of sovereign immunity in Texas is relatively limited when compared with many other states. There is no waiver of sovereign immunity in Texas to allow a private entity to sue a city or other local government for damages for tortious interference or other commercial torts.

That said, it is possible Chik-fil-A could have a federal claim against the City for violating its civil rights under section 1983. I can’t say I’ve ever seen a successful tortious interference 1983 claim, but there’s a first time for everything. It would be an interesting argument.


138 posted on 03/22/2019 8:55:29 AM PDT by The Pack Knight
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To: The Pack Knight

I’d definitely go with the Constitutional rights violation under color of law. W.D. of Texas is pretty conservative, however.


142 posted on 03/22/2019 3:34:48 PM PDT by PAR35
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