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CHAMPION BUILDERS v. CITY OF TERRELL HILLS

No. 04-99-00779-CV.

70 S.W.3d 221 (2001)

CHAMPION BUILDERS and Primero Projects, L.L.C, Appellants, v. CITY OF TERRELL HILLS, City of Terrell Hills Board of Adjustment, Richard Schimpff, Jon R. Sandige, Anne Ballantyne, Susie Willerson, and Asher McComb, Appellees.

Court of Appeals of Texas, San Antonio.

Dissenting Opinion on Denial of Reconsideration February 6, 2002.

Attorney(s) appearing for the Case

Curtis L. Cukjati, E. Conry Davidson, Cacheaux, Cavazos, Newton, Martin & Cukjati, L.L.P., Royal B. Lea, III, Bingham, & Lea, P.C., San Antonio, James M. Hill, Jr., Nunley, Davis, Jolley, Hill & Brant, Boerne, for Appellant.

Hector X. Saenz, Charles S. Frigerio, Law Offices of Charles S. Frigerio, San Antonio, for Appellee.

Sitting en banc: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, dissenting without opinion SARAH B. DUNCAN, Justice, dissenting without opinion KAREN ANGELINI, Justice, dissenting without opinion.

Dissenting Opinion on Denial of Reconsideration En Banc February 6, 2002.

OPINION ON APPELLANTS' MOTION FOR REHEARING EN BANC

CATHERINE STONE, Justice.

Appellants Champion Builder, Inc. and Primero Projects, L.L.C. (collectively referred to as "Champion") have filed a motion for rehearing. We conclude there is merit in the motion. Therefore, we withdraw our opinion and judgment of February 7, 2001, and issue this in its place.

The dispute...

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