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CITY OF WHITE SETTLEMENT v. SUPER WASH

No. 04-0340.

198 S.W.3d 770 (2006)

CITY OF WHITE SETTLEMENT, Texas, Petitioner, v. SUPER WASH, INC., Respondent.

Supreme Court of Texas.

Decided March 3, 2006.

Attorney(s) appearing for the Case

Michael R. Burkett, Garrett & Burkett, Fort Worth, for petitioner.

Hal R. Ray Jr., Pope, Hardwicke, Christie, Harrell, Schell & Kelly, L.L.P., Fort Worth, for respondent.

Chief Justice JEFFERSON delivered the opinion of the Court.

Super Wash, Inc., a car wash business, is seeking to estop the City of White Settlement from enforcing an ordinance that requires Super Wash to maintain a continuous fence along one side of its property. On competing motions, the trial court granted summary judgment for the City. The court of appeals reversed and remanded, holding that issues of material fact precluded summary judgment. We conclude that,...

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