HOUSTON INDEPE. SCHOOL DIST. v. OLD FARMS OWNERS ASSN., INC.

No. 01-04-00538-CV.

236 S.W.3d 375 (2007)

HOUSTON INDEPENDENT SCHOOL DISTRICT, City of Houston, Harris County, Harris County Education Department, Port of Houston Authority of Harris County, Harris County Flood Control District, Harris County Hospital District, and Houston Community College System, Appellants, v. OLD FARMS OWNERS ASSOCIATION, INC., Westheimer Old Farms I, Ltd., Susan C. Lee, Trustee of the Trust Created Under Article IV of the Will of Katherine P. Barnhart, Deceased, and David Nguyen Individually and d/b/a David Nguyen Construction, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled September 25, 2007.


Attorney(s) appearing for the Case

Jose Padilla, Linebarger Goggan Blair & Sampson, LLP, El Paso, F. Duane Force, Linebarger Goggan Blair & Sampson, LLP, Ernest C. Garcia, Linebarger, Goggan, Blair, Pena & Sampson, LLP, Austin, TX, for Appellants.

Sarah A. Duckers, Stephen A. Kuntz, Fulbright & Jaworski L.L.P., Arne M. Ray, Ray & Associates, Thomas A. Zabel, Zabel Freeman, L.L.P., Houston, TX, for Appellees.

Panel consists of Chief Justice RADACK and Justices KEYES and HIGLEY.


OPINION

LAURA CARTER HIGLEY, Justice.

In this ad valorem tax case, the appellant taxing authorities, which include Harris County and other taxing units,1 challenge the trial court's decision that the taxing units are not entitled to penalties and interest for delinquent taxes owed for tax year 1997 on 4.3 acres of real property. In this regard, the taxing units raise two issues on appeal.

We reverse and remand.

...

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