The Texas Court of Appeals has ruled in favor of the City of San Antonio and its Special Projects Manager, Brandon Ross, in a case involving claims of governmental immunity. The court's decision, delivered on October 30, 2026, reverses a lower court's ruling that had allowed residents Jo Ann Rivera, Victoria Rivera, and Philip M. Ross to pursue their claims against the city and Ross. This ruling is significant as it clarifies the extent of governmental immunity in Texas, affecting future cases involving municipal liability.

The dispute arose from a sewer and pipe replacement project along Holbrook Road in San Antonio. The San Antonio Water System (SAWS) undertook this project to address sanitary sewer overflows as part of a federal consent decree. Jo Ann Rivera owns property on Holbrook Road, where she operates a market, while Victoria and Philip Ross also reside on the property. They alleged that the construction activities caused flooding and restricted access to their property, violating their rights under a 2006 warranty deed that limited the city's use of adjacent park property.

The Rivera family initially filed a lawsuit against SAWS, the City of San Antonio, and the contractor, Oscar Renda Contracting, Inc. They claimed that the construction led to recurring flooding and interference with their access rights. After the trial court severed their claims against SAWS, which were subsequently dismissed due to immunity, the remaining claims against the city and Ross were addressed in this appeal.

The court ruled that the City of San Antonio and Ross are protected by governmental immunity, which generally shields municipalities from lawsuits unless there is a clear and unambiguous waiver of that immunity. The court stated, "Appellees have not affirmatively demonstrated a clear and unambiguous waiver of COSA’s immunity under the TTCA, the Takings Clause, the UDJA, or Chapter 271 of the Local Government Code." This decision emphasizes the stringent requirements for overcoming governmental immunity in Texas.

The judges on the panel included Justice H. Todd McCray, Justice Irene Rios, and Justice Lori I. Valenzuela. The court's opinion highlighted that the plaintiffs failed to provide proper notice of their claims as required by the Texas Tort Claims Act (TTCA), which mandates that claimants notify governmental entities of claims within a specified period. The court found that the Appellees did not meet the necessary legal standards to establish a waiver of immunity.

The ruling has significant implications for future cases involving governmental entities in Texas. It reinforces the importance of adhering to procedural requirements when bringing claims against government bodies. The decision may deter individuals from pursuing claims without proper legal grounds, as it sets a precedent that emphasizes the protective nature of governmental immunity.

Looking ahead, it remains to be seen whether the Rivera family will seek further legal recourse or if they will appeal the decision to a higher court. The court's ruling effectively dismisses their claims against both the City of San Antonio and Ross, limiting their options for pursuing damages related to the alleged flooding and access issues.

This case underscores the complexities surrounding governmental immunity and the legal framework that governs claims against public entities. As municipalities continue to navigate infrastructure projects and their impacts on residents, this ruling will likely serve as a reference point for similar disputes in the future.