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Texans Uniting for Reform and Freedom v. Saenz

In two issues, appellant argues that the district court erred in granting appellees' plea and abused its discretion in denying it a continuance and adjudicating appellees' "merits-based" plea through preliminary proceedings rather than trial. The Austin Court of Appeals overruled these contentions and affirmed the district court's judgment. Austin Court of Appeals, No. 03-08-00475-CV, 08-23-2010

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OPINION

Texans Uniting for Reform and Freedom (TURF) appeals a district court judgment dismissing, on a plea to the jurisdiction, its suit against appellees Amadeo Saenz, Jr., P.E., individually and in his official capacity as Executive Director of the Texas Department of Transportation; Coby Chase, individually and in his official capacity as Director of the Texas Department of Transportation Government and Public Affairs Division; the Texas Department of Transportation (TxDOT); and the Texas Transportation Commission (Commission). In two issues, TURF argues that the district court (1) erred in granting appellees’ plea and (2) abused its discretion in denying it a continuance and adjudicating appellees’ “merits-based” plea through preliminary proceedings rather than trial. For the reasons explained below, we will overrule these contentions and affirm the district court’s judgment.

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