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CITY OF SAN ANTONIO v. ARDEN ENCINO

No. 04-01-00008-CV.

103 S.W.3d 627 (2003)

CITY OF SAN ANTONIO, Appellant, v. ARDEN ENCINO PARTNERS, LTD., Appellee.

Court of Appeals of Texas, San Antonio.

March 12, 2003.

Attorney(s) appearing for the Case

Deborah L. Klein, Assistant City Attorney, Litigation Division, San Antonio, for Appellant.

Seagal V. Wheatley, Julia W. Mann, Jenkens & Gilchrist, P.C., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, PAUL W. GREEN, Justice, KAREN ANGELINI, Justice.

ON MOTION FOR REHEARING

Opinion by PAUL W. GREEN, Justice.

The motion for rehearing of appellant Arden Encino Partners, Ltd. is denied. However, the opinion and judgment issued on June 12, 2002 are withdrawn and the following is substituted.

The trial court granted summary judgment to Arden Encino Partners, Ltd. (AEP) and permanently enjoined the City of San Antonio from implementing a zoning change to AEP's property. On appeal, the City claims the...

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