The Court was asked to determine whether the Texas city was immune from suit.
The City of Mason, Texas (“City”) and Blue Oak Engineering, LLC (“Blue Oak”) entered into a contract in 2015. The contract apparently involved Blue Oak assisting the City in obtaining a landfill permit. The contract is stated to have provided for estimated compensation to Blue Oak of $142,130.
Blue Oak advised the City in 2017 that it would be unable to obtain the specific landfill permit referenced in the contract. However, it is stated to have informed the City it would pursue another landfill permit. Such work is stated to have continued and the City submitted payment for $300,000.