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BMW OF NORTH AMERICA v. MOTOR VEHICLE BD.

No. 03-02-00793-CV.

115 S.W.3d 722 (2003)

BMW OF NORTH AMERICA, LLC, Appellant, v. MOTOR VEHICLE BOARD AND MOTOR VEHICLE DIVISION OF the TEXAS DEPARTMENT OF TRANSPORTATION; and Autobahn Imports, Inc., d/b/a Autobahn Motorcars, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 16, 2003.

Attorney(s) appearing for the Case

Lloyd E. Ferguson, Merritt N. Spencer, Strasburger & Price, L.L.P., Bob E. Shannon, Baker Botts, L.L.P., Austin, Kirk A. Peterson, Berkowitz, Stanton, Brandt, Williams & Shaw, Prairie Village, for appellant.

Linda B. Secord, Kristen L. Wormanneral, Asst. Attys. Gen., Austin, for appellee Motor Vehicle.

Dudley D. McCalla, Heath, Davis & McCalla, PC, Howard V. Rose, Brown McCarroll & Oaks Hartline, Austin, Richard W. Wiseman, Beale Dean, Brown Herman Dean Wiseman Liser & Hart, LLP, Fort Worth, for appellee Autobahn.

Before Justices KIDD, PATTERSON and PURYEAR.

OPINION

MACK KIDD, Justice.

Responding to a complaint brought by Autobahn Imports, Inc. ("Autobahn") against BMW of North America, LLC ("BMW"), the Motor Vehicle Board ("the Board") determined, based on evidence and testimony presented during a contested-case proceeding, that the BMW "X5" SUV1 ("the X5") should be considered a passenger car, rather than a truck, for purposes of administering Autobahn's franchise agreement...

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