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CITY OF ARLINGTON v. SCALF

Nos. 2-02-072-CV, 2-02-082-CV.

117 S.W.3d 345 (2003)

CITY OF ARLINGTON, Appellant, v. Lawrence G. SCALF, Appellee.

Court of Appeals of Texas, Fort Worth.

August 28, 2003.

Attorney(s) appearing for the Case

Law Office of Kirkley, Broiles & Berryman, David Broiles, Fort Worth, Jay Doegey, City Atty., Jeanene McIntyre, Asst. City Atty., for City of Arlington, for Appellant.

Stephen Gardner, Craig Jordan, Dallas, for Appellee.

PANEL A: CAYCE, C.J.; DAY and ANNE GARDNER, JJ.

OPINION

ANNE GARDNER, Justice.

In these consolidated appeals, the City of Arlington ("the City") appeals from the trial court's denial of its plea to the jurisdiction and, with our permission, the trial court's grant of partial summary judgment in favor of Lawrence G. Scalf. We reverse and render.

FACTUAL AND PROCEDURAL BACKGROUND

The Street Maintenance Fee

On October 24, 2000, the Arlington City Council adopted an ordinance...

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