SMITH MOTOR SALES, INC. v. TEXAS MOTOR VEHICLE COM'N

No. 3-90-132-CV.

809 S.W.2d 268 (1991)

SMITH MOTOR SALES, INC., Tom Benson Chevrolet, Inc. and Krueger Chevrolet, Inc., Appellants, v. TEXAS MOTOR VEHICLE COMMISSION, Gunn Chevrolet, Inc. and General Motors Corporation, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 5, 1991.


Attorney(s) appearing for the Case

David R. Sapp, Law Offices of David R. Sapp, Austin, for appellants.

Jim Mattox, Atty. Gen., Cynthia Woelk, Asst. Atty. Gen., Austin, for Texas Motor Vehicle Com'n.

Randall C. Jackson, Jr., Speiser, Krause, Madole, Mendelsohn & Mata, San Antonio, for Gunn Chevrolet, Inc.

Lloyd E. Ferguson, Strasburger, Price Ambrust & Brown, Austin, for Gen. Motors Corp.

Before CARROLL, C.J., and JONES and SMITH, JJ.


CARROLL, Chief Justice.

Several automobile dealerships opposed the licensing of a new dealership by the Texas Motor Vehicle Commission. The commission granted the license, and the dealerships sued for judicial review in the Travis County District Court, which affirmed the commission's order. We will affirm the judgment of the district court.

BACKGROUND

In 1986, Gunn Chevrolet, Inc., applied to the Texas Motor Vehicle Commission for a license authorizing...

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