City of Arlington v. Scalf

OPINION

ANNE GARDNER, Justice.

In these consolidated appeals, the City of Arlington (“the City”) appeals from the trial court’s denial of its plea to the jurisdiction and, with our permission, the trial court’s grant of partial summary judgment in favor of Lawrence G. Sealf. We reverse and render.

FACTUAL AND PROCEDURAL BACKGROUND

The Street Maintenance Fee

On October 24, 2000, the Arlington City Council adopted an ordinance that established a street maintenance fee and provided that the collected fees would be placed in a separate fund and used solely for the maintenance, rehabilitation, and…