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Texas State Library and Archives Commission Required to Take Possession of Historic Letter

Texas State Library and Archives Commission Required to Take Possession of Historic Letter

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The Texas Court of Appeals ruled in favor of the Texas State Library and Archives Commission in the legal dispute over a historic letter from the Republic of Texas era, accepting their plea on counterclaims.


Texas State Library and Archives Commission Required to Take Possession of Historic Letter

Texas State Library and Archives Commission Required to Take Possession of Historic Letter

In a recent ruling, the Texas Court of Appeals, Third District, at Austin, resolved an appeal arising from a lawsuit filed by the Texas State Library and Archives Commission. The lawsuit, assigned case number NO. 03-22-00276-CV and originating from the 345th District Court of Travis County NO. D-1-GN-21-001381, was presided over by the Honorable Madeleine Connor.

The Commission’s lawsuit aimed to recover an alleged state record in the possession of Corey Westmoreland, in accordance with Chapter 441 of the Texas Government Code (Tex. Gov’t Code § 441.192). Westmoreland, the appellee, countered with several claims, including those under the Takings Clauses of the United States and Texas Constitutions.

Following the Commission’s plea to the jurisdiction regarding Westmoreland’s counterclaims, the trial court made a partial denial and granted it in part. Subsequently, the Commission appealed the partial denial, which led to the recent ruling.

The Texas Court of Appeals ultimately reversed the trial court’s partial denial and rendered judgment in favor of the Commission, granting the plea as to Westmoreland’s remaining counterclaims. This decision marks a significant development in the ongoing legal dispute between the Commission and Corey Westmoreland.

Texas State Library and Archives Commission’ Alleged Republic of Texas-era Letter

The legal dispute between the Texas State Library and Archives Commission and Corey Westmoreland centers around an alleged Republic of Texas-era letter, believed to have been written from David Burnet to Thomas Toby on September 23, 1836. Westmoreland currently possesses this letter and, on May 29, 2020, inquired whether the Commission was interested in purchasing it.

In response, the State Archivist at the Commission asserted that the letter was a state record unlawfully removed from the State’s possession and must be returned to the Commission. Despite several communications and demands from the Commission for the return of the letter, Westmoreland failed to respond. Subsequently, on March 29, 2021, the Commission filed a lawsuit against Westmoreland to recover the letter, citing a cause of action to recover a state record and seeking attorney’s fees under Section 441.192 of the Texas Government Code (Tex. Gov’t Code § 441.192), which authorizes state agencies to recover state records in private possession.

In response, Westmoreland filed a general denial and brought counterclaims against the Commission, including alleged violations of the Takings Clauses of the United States and Texas Constitutions, Chapter 21 of the Texas Property Code, failures to comply with Section 441.192(a) of the Texas Government Code, unjust enrichment, and claims under the state and federal Uniform Declaratory Judgment Acts (UDJA).

The Commission then filed its plea to the jurisdiction regarding Westmoreland’s counterclaims, arguing that they were barred by sovereign immunity. The trial court heard the plea to the jurisdiction on February 17, 2022, and subsequently granted in part and dismissed Westmoreland’s counterclaim under Chapter 21 of the Texas Property Code, but denied the plea as to Westmoreland’s other counterclaims on April 25, 2022. The Commission timely appealed this partial denial, leading to the recent ruling by the Texas Court of Appeals.

The Texas State Library and Archives Commission Mandated to Preserve Records

The Texas Court of Appeals opinion explains, the Texas State Library and Archives Commission is mandated by statute to take custody of, preserve, and make available for public use state records that document the history and culture of Texas. This includes any recorded information created or received by a Texas government official in the conduct of official business, regardless of when the records were removed from the custody of the state.

Furthermore, state records may not be sold, donated, loaned, transferred, or otherwise passed out of the custody of the state by a state agency without the consent of the director and librarian. The Commission is also authorized by statute to demand the return of any state record in the private possession of a person if the removal of the state record from the state agency was not authorized by law. If the private party refuses to deliver the alleged state record upon demand, the Commission may seek the assistance of the Attorney General to petition a district court for the recovery of the record.

Ultimately, the trial court is responsible for determining whether the document in question is a state record, and if so, is required to order the return of the record to the custody of the state.

These statutory provisions empower the Commission to assert its rights in recovering state records and ensure the preservation and protection of Texas’ historical and cultural heritage.

Court Discussion on Texas State Library and Archives Commission’s Appeal

On appeal, the Texas Court of Appeals addressed the Texas State Library and Archives Commission’s challenge to the denial of its plea to the jurisdiction regarding Westmoreland’s takings counterclaims, unjust enrichment claim, and claims under the state and federal Uniform Declaratory Judgment Acts.

Takings Counterclaims

The Commission contended that Westmoreland’s takings counterclaims, based on the Texas and United States Constitutions, were barred by sovereign immunity. The Court agreed with the Commission, citing relevant provisions from the Texas and United States Constitutions. It was emphasized that the government’s actions being sufficient to constitute a taking is a question of law. The property in question, a letter from 1836, was categorized as “archives” by the Republic of Texas, leading the Commission to argue that it is a state record. The underlying litigation sought a determination of the ownership of the letter, under Texas Government Code § 441.192. The Court found that Westmoreland failed to demonstrate legislative consent for the waiver of sovereign immunity in this regard, leading to the conclusion that the trial court lacked jurisdiction over such constitutional takings counterclaims.

Unjust Enrichment Claim

The Court stated that an unjust enrichment counterclaim, if raised by Westmoreland, would be barred by sovereign immunity. It was highlighted that unjust enrichment on its own cannot support a waiver of governmental immunity.

Declaratory Judgment Counterclaims

Regarding Westmoreland’s counterclaims under the federal and state UDJA, the Court noted that sovereign immunity generally bars UDJA actions against the state and its political subdivisions absent a legislative waiver. The Court found that Westmoreland’s UDJA claims, as part of his counterclaims, were barred by sovereign immunity, and the trial court should have granted the plea and dismissed them for lack of subject matter jurisdiction.

In summary, the Texas Court of Appeals ruled in favor of the Texas State Library and Archives Commission on the issues of takings counterclaims, unjust enrichment claim, and claims under the state and federal Uniform Declaratory Judgment Acts.

Disclaimer

The content provided in this publication is for educational and informational purposes only. The Hawk’s Eye – Consulting & News strives to deliver accurate and impactful stories. However, readers are advised to seek professional legal counsel and guidance for their specific legal inquiries and concerns. The publication does not assume any responsibility for actions taken by individuals based on the information presented.

Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.


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