The Daily News' Heber Taylor writes:
We don’t think the public is interested in the intricate details of the lawsuit. But we think the public has an absolute right to know how much of its money port officials spent in trying to keep this case out of court.
Keep in mind that the port recently claimed it was so strapped after Hurricane Ike that it had to get a $3.7 million federal loan for operational expenses. If things really are that bad, how did port officials come up with the cash to hire some of the state’s top lawyers and lobbyists?
The newspaper reports the board has gone to great lengths to avoid going to court with George Mitchell, a wealthy developer. Mitchell and the port are reportedly clashing about a lease--a dispute that has led to a lawsuit.
However, the paper reports that the port claims exemption from the lawsuit because of sovereign immunity, a doctrine that exempts the government from lawsuits.
Mitchell's attorney, former state Sen. A.R. "Babe" Schwartz, asked the Texas legislature to waive the exemption.
While both houses of the legislature passed the waiver in Michell's favor, Gov. Rick Perry vetoed it, according to the newspaper.
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