Legal Opinion

City of Dallas v. Lowenberg

Texas Court of Appeals, 11th District (Eastland)

Decided June 10, 2004No. 11-03-00061-CVPublishedCited by 5 opinions

1Opinion of the Court

Opinion

JIM R. WRIGHT, Justice.

The focus of this class action lawsuit is upon a claim that a Dallas City ordinance is unconstitutional. The trial court ultimately denied summary judgment relief to the City of Dallas. The trial court granted a summary judgment for appellees in the amount of $1,847,454.36, representing refunds of monies paid by appellees under the ordinance as well as prejudgment in terest. That amount also includes attorneys’ fees that the court found to be payable by the City after a separate trial on attorneys’ fees. Because we find that ap-pellees’ claims are barred by…

2Cases cited15 opinions

  1. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  2. American Tobacco Co., Inc. v. GrinnellTexas Supreme Court · 1997
  3. KPMG Peat Marwick v. Harrison County Housing Finance Corp.Texas Supreme Court · 1999
  4. Commissioners Court of Titus County v. AganTexas Supreme Court · 1997
  5. Texas Workers' Compensation Commission v. GarciaTexas Supreme Court · 1995

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3Cited by5 opinions

  1. Lowenberg v. City of DallasTexas Supreme Court · 2005
  2. Lowenberg v. City of DallasTexas Supreme Court · 2008
  3. City of Dallas v. Jim Lowenberg, Texas Court of Appeals, 11th District (Eastland)2006
  4. City of Dallas v. Jim Lowenberg, Texas Court of Appeals, 11th District (Eastland)2006
  5. Jim Lowenberg, on Behalf of Himself and All Others Similarly Situated v. City of DallasTexas Supreme Court · 2008

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