Legal Opinion

BMW of North America, LLC v. Motor Vehicle Board & Motor Vehicle Division of the Texas Department of Transportation

Texas Court of Appeals, 3rd District (Austin)

Decided October 16, 2003No. 03-02-00793-CVPublishedCited by 8 opinions

1Opinion of the Court

OPINION

MACK KIDD, Justice.

Responding to a complaint brought by Autobahn Imports, Inc. (“Autobahn”) against BMW of North America, LLC (“BMW”), the Motor Vehicle Board (“the Board”) determined, based on evidence and testimony presented during a contested-case proceeding, that the BMW “X5” SUV 1 (“the X5”) should be considered a passenger car, rather than a truck, for purposes of administering Autobahn’s franchise agreement with BMW. See Tex. Rev.Civ. Stat. Ann. art. 4413(36), §§ 3.01, 3.08, 5.02(b) (West Supp.2003) (“the Motor Vehicle Code”); see also Tex. Gov’t Code Ann. §§ 2001.051-.178 (West…

2Cases cited19 opinions

  1. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  2. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  3. Reynolds v. SimsSupreme Court of the United States · 1964
  4. Texas State Board of Dental Examiners v. SizemoreTexas Supreme Court · 1988
  5. H.G. Sledge, Inc. v. Prospective Investment & Trading Co., Texas Court of Appeals, 3rd District (Austin)2000

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3Cited by8 opinions

  1. Buddy Gregg Motor Homes, Inc. v. Motor Vehicle Board of the Texas Department of Transportation, Texas Court of Appeals, 3rd District (Austin)2004
  2. Austin Chevrolet, Inc. v. Motor Vehicle Board & Motor Vehicle Division of the Texas Department of Transportation, Texas Court of Appeals, 3rd District (Austin)2006
  3. Austin Chevrolet, Inc. D/B/A Munday Chevrolet/Geo and General Motors Corporation v. Motor Vehicle Board and Motor Vehicle Division of the Texas Department of Transportation and Landmark Chevrolet Corporation, Texas Court of Appeals, 3rd District (Austin)2006
  4. Austin Chevrolet, Inc. D/B/A Munday Chevrolet/Geo and General Motors Corporation v. Motor Vehicle Board and Motor Vehicle Division of the Texas Department of Transportation and Landmark Chevrolet Corporation, Texas Court of Appeals, 3rd District (Austin)2006
  5. Buddy Gregg Motor Homes, Inc.//Cross-Appellant, Marathon Coach, Inc., D/B/A Marathon Coach of Texas v. Motor Vehicle Board of the Texas Department of Transportation and Marathon Coach, Inc., D/B/A Marathon Coach of Texas//Cross-Appellees, Motor Vehicle Board of the Texas Department of Transportation and Buddy Gregg Motor Homes, Inc., Texas Court of Appeals, 3rd District (Austin)2004

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