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DILLARD TEXAS OPERATING v. CITY OF MESQUITE

No. 05-03-01837-CV.

168 S.W.3d 211 (2005)

DILLARD TEXAS OPERATING LIMITED PARTNERSHIP, L.P., Appellant, v. CITY OF MESQUITE, Texas & Allied Waste Systems, Inc. d/b/a Trinity Waste Services, Inc. Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled August 11, 2005.

Attorney(s) appearing for the Case

Clifton T. Hutchinson, Hughes & Luce, L.L.P., Evan S. Tilton, Dallas, for appellant.

Cynthia Hollingworth, Gardere, Wynne, Sewell, L.L.P., James R. Jordan, Shannon, Gracey, Ratliff & Miller L.L.P., Dallas, for appellees.

Before Justices WHITTINGTON, BRIDGES, and FRANCIS.

OPINION

Opinion by Justice BRIDGES.

Dillard Texas Operating Limited Partnership, L.P. appeals the trial court's grant of the plea to the jurisdiction in its case against the city of Mesquite, Texas and Allied Waste Systems, Inc. d/b/a Trinity Waste Services, Inc. ("Trinity"). We conclude that Dillard's had standing to assert its suit seeking a declaratory judgment that Mesquite violated its charter by granting Trinity exclusive rights to haul commercial...

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