[DOWNLOAD] "Monsanto Company v. Cornerstones Municipal Utility District" by Supreme Court Of Utah * Book PDF Kindle ePub Free

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eBook details

• Title: Monsanto Company v. Cornerstones Municipal Utility District
• Author : Supreme Court Of Utah
• Release Date : January 24, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

This summary judgment case requires that we determine whether section 16.061 of the Texas Civil Practice and Remedies Code applies to municipal utility districts. Cornerstones Municipal Utility District ("Cornerstones") sued Monsanto Company and others (collectively "Monsanto") for alleged defects in the construction of its sanitary sewer system. The trial court rendered summary judgment, holding that all of Cornerstones claims were barred by statutes of limitations. The court of appeals reversed and remanded, holding that Monsantos motion for summary judgment was based on defenses of limitations that are exempted by section 16.061 of the Texas Civil Practice and Remedies Code ("section 16.061"). The court of appeals held that section 16.061 applied to Cornerstones because (1) municipal utility districts are political subdivisions of the state; and (2) "state" as used in section 16.061 encompasses such political subdivisions. 845 S.W.2d 444. For the reasons explained herein, we reverse and remand this cause to the court of appeals.

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