City of Seabrook v. Port of Houston Auth.

• Decision Date: 18 May 2006
• Docket Number: No. 01-04-00925-CV.,01-04-00925-CV.
• Citation: 199 S.W.3d 403
• Parties: CITY OF SEABROOK, Texas, Appellant, v. PORT OF HOUSTON AUTHORITY, Appellee.
• Court: Texas Court of Appeals

199 S.W.3d 403

CITY OF SEABROOK, Texas, Appellant, v. PORT OF HOUSTON AUTHORITY, Appellee.

No. 01-04-00925-CV.

Court of Appeals of Texas, Houston (1st Dist.).

May 18, 2006.

Mark E. Goldstucker, Robert F. Brown, Brown & Hofmeister, L.L.P., Richardson, TX, for Appellant.

W. Allyn Hoaglund, Hoaglund Law Firm, Houston, TX, for Appellee.

Panel consists of Justices TAFT, KEYES, and HANKS.

EN BANC OPINION

JANE BLAND, Justice.

In this condemnation action between two corporate landowners and the Port of Houston Authority, the City of Seabrook appeals the trial court's interlocutory order denying its plea to the jurisdiction, a plea it asserted upon intervening in the suit.¹ We hold that the issue raised in the City's jurisdictional plea does not implicate the trial court's subject-matter jurisdiction. The trial court therefore properly denied the plea, and we dismiss the City's appeal for lack of jurisdiction.

Background

The Port of Houston Authority is a political subdivision and a navigation district. The Legislature created the Port in 1927 under the authority of article III, section 52 of the Texas Constitution. See TEX. CONST. art. III, § 52; Act of 1927, 40th Leg., R.S., ch. 97, § 1, 1927 Tex. Gen. Laws 256, 256-57, amended by Act of Apr. 11, 1957, 55th Leg., R.S., ch. 117, § 2, 1957 Tex. Gen. Laws 241, 247. In 1957, the Legislature converted the Port into a navigation district under article XVI, section 59 of the Texas Constitution. See TEX. CONST. art. XVI, § 59; Act of Apr. 11, 1957, 55th Leg., R.S., ch. 117, § 2, 1957 Tex. Gen. Laws 241, 247, amended by Act of May 25, 1987, 70th Leg., R.S., ch. 1042, § 1, 1987 Tex. Gen. Laws 3506, 3506-07. Generally, upon its conversion to a navigation district, the Port retained all powers conferred upon it under article III, section 52. See Act of Apr. 11, 1957, 55th Leg., R.S., ch. 117, § 2, 1957 Tex. Gen. Laws 241, 247 (providing that Port would operate under article XVI, section 59 while also retaining "all powers conferred upon said District by the law or laws under which it was organized").

In June 2002, the Port sued two private landowners, American Acryl NA, L.L.C. and American Acryl L.P. (together, "American"), neither of which are parties to this appeal. The Port seeks to condemn about forty-nine acres of property owned by American, and to acquire fee simple title—excluding the mineral estate and a drainage easement to be reserved to American. See TEX. PROP.CODE ANN. § 21.012(a) (Vernon 2004) (providing for political subdivision and other governmental entities seeking to acquire real property for public use to instigate condemnation proceeding). The Port seeks to condemn the property in connection with its development of a voter-approved significant expansion to the Port, commonly known as the Bayport Terminal Project. The American property lies entirely within the limits of the City of Seabrook. According to the record, this is not the only lawsuit arising from the proposed expansion, nor is this the only parcel of commercial property that the Port seeks to condemn (or already has condemned).

Pursuant to statute, the trial court appointed special commissioners, who appraised the damages for the property's taking at $627,397.00. See id. § 21.014(a) (Vernon 2004) (providing for appointment of special commissioners to assess damages owed to property owner for property's condemnation). In August 2002, the special commissioners filed their award with the trial court. See id. American objected to the special commissioners' award, asserting, among other things, that the Port "lack[ed] the power to condemn" its property because it had failed to obtain the City's consent. See id. § 21.018(a) (Vernon 2004) (providing that party to condemnation proceeding may object to special commissioners' award by filing objections and grounds in court having jurisdiction).

The City then intervened in this lawsuit in February 2003. The City alleged that (1) it had standing to intervene based on an applicable Water Code provision that requires the City's consent to right-of-way condemnations within its boundaries; and (2) it had not given its consent to the condemnation. The City further requested that the trial court declare that the Port had violated the Water Code by having failed to obtain the City's consent and that the Port thus "lack[ed] the statutory power to condemn the Property."²

The Port moved to strike the City's intervention on the ground (among others) that the City had not been a party to the administrative portion³ of the condemnation proceeding and the Water Code provision on which the City relies is inapplicable. The trial court overruled the Port's motion.

American and the City then jointly filed a plea to the trial court's jurisdiction. The jurisdictional plea asserted that the Water Code provision on which the City relies for its intervention requires the City's consent to the condemnation; that the City had not consented; and thus, that the trial court lacks subject-matter jurisdiction over the Port's condemnation proceeding. The City also filed a separate plea to the jurisdiction raising the same argument. The trial court denied both pleas after an evidentiary hearing.

The City appeals to this Court from the adverse ruling on its jurisdictional pleas. A majority of this Court voted to submit the case for en banc consideration and disposition. See TEX.R.APP. P. 41.2(c).

Standard of Review

A jurisdictional plea contests the trial court's subject-matter jurisdiction. Tex. Dep't of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex.1999). In reviewing the ruling on a jurisdictional plea, "`we consider the facts alleged by the plaintiff and, to the extent it is relevant to the jurisdictional issue, the evidence submitted by the parties.'" Dallas Area Rapid Transit v. Whitley, 104 S.W.3d 540, 542 (Tex.2003) (quoting Tex. Natural Res. Conservation Comm'n v. White, 46 S.W.3d 864, 868 (Tex. 2001)). "[I]f the pleadings affirmatively negate the existence of jurisdiction, then a plea to the jurisdiction may be granted without allowing the plaintiff an opportunity to amend." County of Cameron v. Brown, 80 S.W.3d 549, 555 (Tex.2002). We construe the pleadings in the plaintiff's favor and look to the pleader's intent. Tex. Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex.2004). Whether the pleader has alleged facts that affirmatively demonstrate subject-matter jurisdiction is a legal question that we review de novo. Id.

We consider, as a preliminary matter, whether the City's consent to condemnation is a jurisdictional prerequisite to the trial court's exercise of jurisdiction, because the answer to that inquiry determines whether we in turn have subject-matter jurisdiction over this interlocutory appeal. See Tex. Dep't of Criminal Justice v. Simons, 140 S.W.3d 338, 349 (Tex. 2004) (holding that "an interlocutory appeal cannot be taken from the denial of a plea to the jurisdiction that does not raise an issue that can be jurisdictional" and that appellate court must dismiss interlocutory appeal "when the issue raised [in the jurisdictional plea] cannot implicate subject matter jurisdiction"); accord Univ. of Tex. Sw. Med. Ctr. at Dallas v. Loutzenhiser, 140 S.W.3d 351, 366 (Tex.2004).

Here, our jurisdictional determination turns on the interpretation of a provision of the Water Code. Statutory interpretation is a question of law. In re Canales, 52 S.W.3d 698, 701 (Tex.2001). Our primary goal in interpreting a statute is to ascertain and to effectuate the Legislature's intent. Id. at 702. In doing so, we examine the statute's plain language. Helena Chem. Co. v. Wilkins, 47 S.W.3d 486, 493 (Tex.2001); Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864, 865 (Tex.1999). We assume that the Legislature tried to say what it meant; therefore, the statute's words should be the surest guide to the Legislature's intent. Fitzgerald, 996 S.W.2d at 866.

In ascertaining legislative intent, we do not confine our review to isolated statutory words, phrases, or clauses; rather, we examine the entire act. Meritor Auto., Inc. v. Ruan Leasing Co., 44 S.W.3d 86, 90 (Tex.2001); see TEX. GOV'T CODE ANN. § 311.011(a) (Vernon 2005) (instructing courts to construe words and phrases in context). The Code Construction Act lists factors that may be considered in construing a statute, whether or not the statute is ambiguous on its face. TEX. GOV'T CODE ANN. § 311.023 (Vernon 2005). These factors include, among other things, (1) the statute's objectives; (2) the circumstances under which the statute was enacted; (3) the statute's legislative history; (4) common law, former law, and similar provisions; and (5) the consequences of the statutory construction. Id. § 311.023(1)(5); Canales, 52 S.W.3d at 702. We presume that the Legislature intended a just and reasonable result. TEX. GOV'T CODE ANN. § 311.021(3) (Vernon 2005); Wilkins, 47 S.W.3d at 493.

Discussion

A. The Statute

Water Code chapter 62 contains the following provision:

Section 62.106. Condemnation Proceedings

(a) The district⁴ may exercise the power of eminent domain to condemn and acquire the right-of-way over and through any and all public and private land necessary:

(1) for the improvement of any river, bay, creek, or stream;

(2) for the construction and maintenance of any canal or waterway; and

(3) for any and all purposes authorized by this chapter.

. . . .

(d) No right-of-way may be condemned through any part of an incorporated city or town without the consent of the lawful authorities of that city or town.

TEX. WATER CODE ANN. § 62.106(a), (d) (Vernon 2004).

The merit of the City's position on interlocutory appeal rests on the proposition that section 62.106(d), which provides that "no right-of-way may be condemned" without the consent of a city through which the right-of-way runs, is a jurisdictional prerequisite to the Port's filing suit against a private landowner. See id. § 62.106(d). The...