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KUBOSH v. CITY OF HOUSTON

No. 01-98-00933-CV.

2 S.W.3d 463 (1999)

Paul KUBOSH and H. King Tieken, on Their Behalf and All Others Similarly Situated, Appellants, v. CITY OF HOUSTON, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled November 4, 1999.

Attorney(s) appearing for the Case

Norman Jolly, Law Offices of Norman Jolly, Walter J. Kronzer, III, John Carroll Boudreaux, Law Offices of John Boudreaux, Houston, for Appellants.

Michael P. Fleming, County Attorney-Harris County, Laura Anne Coats, Assistant City Attorney-Houston, Houston, for Appellee.

Panel consists Justices HEDGES, ANDELL, and DUGGAN.

OPINION

ERIC ANDELL, Justice.

The appellants brought a declaratory judgment action against the City of Houston ("City") alleging the City assessed an unauthorized warrant fee. Both parties moved for summary judgment. The trial court denied the appellants' motion and granted the City's motion. In two points of error, the appellants complain the trial court erred in rendering summary judgment in the City's favor. We affirm in part, and reverse and remand in...

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