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NEW BRAUNFELS v. STOP THE ORDINANCES

NO. 03-14-00198-CV.

520 S.W.3d 208 (2017)

CITY OF NEW BRAUNFELS, Texas, Appellant v. STOP THE ORDINANCES PLEASE; W.W. GAF, Inc., d/b/a Rockin "R" River Rides; Texas Tubes; Tourist Associated Businesses of Comal County; Union River, LLC, d/b/a Landa River Trips; Chuck's Tubes; Waterpark Management, Inc.; Tri-City Distributors, LP; and Stone Randall Williams, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 5, 2017.

Attorney(s) appearing for the Case

Mr. William M. McKamie , McKamie Krueger, L.L.P., 941 Proton Road, San Antonio, TX 78258, for Appellant.

Mr. Jim Ewbank , Cokinos, Bosien & Young, 1210 Nueces Street, Austin, TX 78701, for Appellees.

Before Justices Puryear, Pemberton, and Bourland

OPINION

The City of New Braunfels appeals a final judgment from the district court striking down, as unconstitutional, the so-called "Disposable Container Ordinance" (a/k/a "Can Ban") and a portion of the "Cooler and Container Ordinance." The City argues chiefly that the district court lacked...

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