CITY OF GARLAND v. BYRD

No. 05-01-01266-CV.

97 S.W.3d 601 (2002)

CITY OF GARLAND, Texas, Appellant, v. Jonathan BYRD, Appellee.

Court of Appeals of Texas, Dallas.

August 15, 2002.


Attorney(s) appearing for the Case

Charles M. Hinton, Jr., City Attorney, Brad Neighbor, First Asst. City Atty., Garland, Michael J. Betz, Banowsky, Betz & Levine, P.C., Dallas, for appellant

Rhonda Elaine Cates, Lyon, Gorsky, Baskett, Haring & Gilbert, L.L.P., Robert T. Baskett, Lyon, Gorsky, Baskett & Haring, L.L.P., Dallas, for appellee.

Before Justices MORRIS, BRIDGES, and FRANCIS.


OPINION

Opinion by Justice MORRIS.

In this appeal arising from cross-motions for summary judgment, the City of Garland, Texas challenges the trial court's judgment declaring section 143.057 of the Texas Local Government Code constitutional on its face. The City contends the statute is an unconstitutional delegation of legislative power. After examining the statute in light of the factors specified by the Texas...

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