When the Government Is the Party That Needs to Be Stopped
Most injunction cases are between private parties. Sometimes, though, the party that needs to be restrained is a government entity, such as a city, a county, a state agency, or another governmental body.
Getting a TRO or injunction against a government entity is possible in Texas, but the rules differ from those in a purely private dispute, and the threshold legal questions are more complex, starting with whether sovereign immunity allows the claim at all.
We have represented clients in injunction proceedings involving governmental parties.
Our Experience in Injunction Cases Against Government Entities
We have represented property owners, businesses, and individuals in injunction proceedings against Texas governmental entities. A property owner trying to stop an unlawful government action, a business challenging an enforcement action that exceeds proper authority, a party facing a proceeding that threatens their rights: these are all situations where we have pursued injunctive relief against governmental parties.
The Governmental Immunity Issue
Texas government entities are protected by immunity, a doctrine that in its basic form says the government cannot be sued without its consent. The State and its agencies have sovereign immunity. Cities, counties, and other political subdivisions have governmental immunity, which works from the same consent principle under a different name. Either way the doctrine limits the ability to seek injunctive relief against a governmental party, but it does not eliminate it.
In practice, many Texas statutes waive sovereign immunity in specific circumstances, and Texas courts have recognized additional situations where government conduct can be challenged. Whether immunity is a barrier depends on the nature of your claim, the specific entity involved, and what you are asking the court to do.
This is one reason early legal analysis matters so much in government-entity cases. The threshold question of whether the claim is even viable has to be answered before anything else.
The Bond Rules Work Differently
When a TRO is directed at a government entity, such as a state agency, municipality, county, or other governmental subdivision, and that entity has no financial stake in the dispute and no monetary damages can be shown, the applicant’s liability on the bond is limited to its face amount if the injunction is dissolved.
The bond still exists and still has to be posted. The framework for the applicant’s potential exposure is just adjusted to account for the different nature of a governmental defendant. Our Bond Requirement page covers the general rules that otherwise apply.
Common Situations Where This Comes Up
Government Action Against Your Property
A city or county takes action affecting your property, such as a condemnation, a permit denial, or an enforcement order, that you believe is unlawful or exceeds proper authority. In some circumstances, injunctive relief can stop the action while the underlying legal challenge is litigated.
There is one specific situation where Texas courts have clearly recognized the availability of injunctive relief. When a government condemnation proceeding is void, meaning it was conducted without lawful authority, a temporary injunction can be obtained without the usual requirement to prove that money damages would be inadequate. That is an important exception.
Government Enforcement Actions Affecting Your Business
A regulatory agency is pursuing enforcement action against your business in a way you believe exceeds its authority. An injunction may be available to preserve the status quo while the legal challenge to the agency’s authority is resolved.
Disputes Involving Government Contracts and Public Process
When a government entity acts in ways alleged to be arbitrary, discriminatory, or outside its authority in a contracting or bidding context, injunctions have been sought and in some cases granted while the dispute is addressed through available processes.
Frequently Asked Questions About Government Injunctions
Can you really get a TRO against a city or state agency?
Yes, under the right circumstances. Sovereign immunity is a threshold issue but it is not absolute. Many statutory provisions waive immunity for specific types of claims, and courts have recognized additional situations where injunctive relief against government action is available. The analysis is fact-specific.
Is it harder to get a TRO against a government entity than against a private party?
Generally yes. The threshold legal analysis is more complex, the immunity question must be resolved, and courts apply heightened scrutiny to orders restraining government operations. But it is not impossible, and in situations where the government is acting outside its authority, courts have granted relief.