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ROBBINS CHEVROLET CO. v. MOTOR VEHICLE BD.

No. 03-98-00005-CV.

989 S.W.2d 865 (1999)

ROBBINS CHEVROLET COMPANY and Landmark Chevrolet Corporation, Appellants, v. MOTOR VEHICLE BOARD and Motor Vehicle Division, Texas Department of Transportation; Austin Chevrolet, Inc., d/b/a Munday/Geo; and Chevrolet Motor Division, General Motors Corporation, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 22, 1999.

Attorney(s) appearing for the Case

William R. Crocker, Austin, for Appellant Robbins.

J. Bruce Bennett, Baskin, Bennett & Komkov, L.L.P., Austin, for Appellant Landmark.

Howard V. Rose, Brown McCarroll & Oak Hartline,, Austin, for Appellant Austin Chevrolet.

Merritt N. Spencer, Strasburger & Price, L.L.P., Austin, for Appellee Chevrolet Motor Division.

Andrew S. Miller, Assistant Attorney General, Austin, for Appellee Motor Vehicle Board.

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

BEA ANN SMITH, Justice.

Munday, a Chevrolet/Geo dealership on FM 1960 in Houston, filed an application with the Motor Vehicle Board to relocate the dealership less than a mile away from its original site. Robbins, a Chevrolet dealership on Highway 59 in Humble, filed a notice protesting Munday's application to relocate. When the legislature rescinded the right to protest dealership relocations under these circumstances, Munday withdrew its application to relocate...

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