City of Leon Valley Economic Development Corporation v. Larry LittleAppeal from 37th Judicial District Court of Bexar County (Opinion )

State: Texas

Court: Texas Northern District Court

Docket No: 04-12-00142-CV

Case Date: 06/19/2013

Plaintiff: City of Leon Valley Economic Development Corporation

Defendant: Larry LittleAppeal from 37th Judicial District Court of Bexar County (Opinion )

Preview:Fourth Court of Appeals
San Antonio, Texas
OPINION
No. 04-12-00142-CV CITY OF LEON VALLEY ECONOMIC DEVELOPMENT CORPORATION, Appellant v. Larry LITTLE, Appellee From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CI-17823 Honorable Peter A. Sakai, Judge Presiding Opinion by: Sitting: Patricia O. Alvarez, Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Patricia O. Alvarez, Justice

Delivered and Filed: June 19, 2013 DISMISSED FOR WANT OF JURISDICTION This is an interlocutory appeal of the trial court's denial of City of Leon Valley Economic Development Corporation's (LVEDC) plea to the jurisdiction and motion to dismiss in a suit by Larry Little against LVEDC for breach of contract. LVEDC appeals the trial court's order. We dismiss this appeal for want of jurisdiction. BACKGROUND LVEDC is a Type B economic development corporation created under the Development Corporation Act of 1979 (the Act) and organized to promote economic growth within the city

04-12-00142-CV

limits of Leon Valley, Texas. Little is a commercial real estate developer. This case arises out of communications 1 between Little and LVEDC relating to the acquisition of certain real properties in conjunction with the Leon Valley Town Center Project. LVEDC approached Little about the possibility of Little purchasing real property for the proposed project. The parties executed two unimproved real property sales contracts whereby LVEDC would then purchase the properties from Little, but these sales were subject to LVEDC obtaining third-party financing at a specified rate. LVEDC did not obtain financing or purchase the property. Little claims LVEDC was approved for a loan to purchase the property and breached the sales contracts by refusing to obtain the loan. LVEDC asserts it did not complete the purchase because it did not receive third-party financing at the rate required by the Commercial Contract Financing Addendums by the closing date. Little sued LVEDC for breach of contract. LVEDC filed a plea to the jurisdiction, claiming immunity from suit and liability under the Act. See TEX. LOC. GOV'T CODE ANN.

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