LOWENBERG v. CITY OF DALLAS

No. 04-0671.

168 S.W.3d 800 (2005)

Jim LOWENBERG, on behalf of himself and all others similarly situated, Petitioner, v. CITY OF DALLAS, Respondent.

Supreme Court of Texas.

Rehearing Denied September 2, 2005.


Attorney(s) appearing for the Case

John T. Cox, Russell James DePalma, Lynn Tillotson & Pinker, LLP, Robert M. Nicoud, Olson Nicoud & Gueck, L.L.P., Dallas, for petitioner.

Mark E. Goldstucker, Brown & Hofmeister LLP, Richardson, James B. Pinson, Assistant City Attorney, Dallas, for respondent.


PER CURIAM.

The question presented is when a claim accrues for refund of an illegal fee. The court of appeals held it accrues when the fee is enacted rather than when it is paid, distinguishing a recent opinion by this Court to the contrary. We disagree, and thus reverse.

On September 28, 1994, the City of Dallas passed an ordinance requiring commercial property owners to pay an annual "fire registration fee." The amount of the fee varied with the square footage...

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