Quimby v. Texas Department of Transportation

LEE YEAKEL, Justice.

This appeal arises from a dispute between appellant Richard Quimby, a licensed tow truck operator, and appellee Texas Department of Transportation (“TxDOT”) concerning the construction and enforcement of a provision of the Texas Motor Carrier Rules and Regulations setting forth the requirements for the release of a motor vehicle from a vehicle storage facility (“VSF”) to a tow truck operator. See 43 Tex.Admin.Code § 18.92(a)(2) (1999). 1 Quimby, alleging that TxDOT was refusing to “enforce the rule as written,” sued TxDOT in district court for a declaratory judgment…