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GENE HAMON FORD, INC. v. DAVID McDAVID NISSAN, INC.

No. 03-98-00459-CV.

997 S.W.2d 298 (1999)

GENE HAMON FORD, INC., d/b/a Hamon Nissan; and the Motor Vehicle Board of the Texas Department of Transportation, Appellants, v. DAVID McDAVID NISSAN, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 26, 1999.

Attorney(s) appearing for the Case

William David Coffey, III, Wm. David Coffey, III, Linda B. Secord, Assistant Attorney General, Austin, for Appellant.

J. Bruce Bennett, Baskin, Bennett & Komkov, L.L.P., William R. Crocker, Austin, for Appellee.

Before Justices JONES, B.A. SMITH and YEAKEL.

BEA ANN SMITH, Justice.

Appellant Gene Hamon Ford, Inc., d/b/a Hamon Nissan ("Hamon") is a Nissan dealership located in Texas City. Hamon applied to the Motor Vehicle Board of the Texas Department of Transportation (the "Board") for permission to relocate on the Gulf Freeway in League City, closer to the southeast Houston area. Appellee David McDavid Nissan, Inc. ("McDavid"), a Nissan dealer located on the Gulf Freeway southeast of Houston, protested Hamon's application...

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