CITY-COUNTY SOLID WASTE CTRL. BD. v. CAPITAL CITY LEASING, INC.

No. 3-90-081-CV.

813 S.W.2d 705 (1991)

CITY-COUNTY SOLID WASTE CONTROL BOARD, Appellant, v. CAPITAL CITY LEASING, INC., and Bill Gaston, Inc., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 11, 1991.


Attorney(s) appearing for the Case

Lonnie E. Chunn, New Braunfels, for appellants.

Peter Kreisner, Peter Kreisner & Associates, Austin, for appellees.

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


CARROLL, Chief Justice.

A lessor and its assignee sued a governmental unit for breach of an equipment lease. The trial court granted summary judgment against the governmental unit. We reverse the trial court's judgment and instead render judgment that appellees take nothing.

BACKGROUND

The issue in this appeal is whether a lease which requires a governmental unit to pursue annual appropriations creates an unconstitutional debt.

In 1976, Comal...

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