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SALVATIERRA v. VIA METROPOLITAN TRANSIT AUTHORITY

No. 04-96-00897-CV.

974 S.W.2d 179 (1998)

Phillip SALVATIERRA, as Next Friend of Robert Justin Salvatierra, a Minor, Appellant, v. VIA METROPOLITAN TRANSIT AUTHORITY, Appellee.

Court of Appeals of Texas, San Antonio.

April 22, 1998.

Attorney(s) appearing for the Case

Ricky J. Poole, Les Mendelsohn, Mendelsohn & Jackson, P.C., San Antonio, for Appellant.

Lawrence Robert Linnartz, James M. Parker, Jr., Butler & Binion, L.L.P., San Antonio, for Appellee.

Before RICKHOFF, LÓPEZ and ANGELINI, JJ.

OPINION

LÓPEZ, Justice.

This appeal addresses the issue of whether the Legislature may transfer a proprietary function of a municipality to a governmental function without violating the open courts or equal protection provisions of the Texas Constitution. We hold that it may and affirm the trial court's judgment.

BACKGROUND

In 1990, Phillip Salvatierra and his wife were watching their three-year-old, Robert Justin Salvatierra, ride...

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