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NIVENS v. CITY OF LEAGUE CITY

No. 01-05-00335-CV.

245 S.W.3d 470 (2007)

Joseph Knute NIVENS, Wilbur Dunten, and Marvin Fontenot, Appellants, v. CITY OF LEAGUE CITY, Texas, Appellee.

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

Rehearing Overruled May 1, 2007.

Attorney(s) appearing for the Case

Dan Hennigan, Houston, TX, for Appellants.

Scott Bounds, John J. Hightower, Olson & Olson, L.L.P., Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices JENNINGS and HANKS.

OPINION ON REHEARING

GEORGE C. HANKS, JR., Justice.

We withdraw our Opinion of January 18, 2007 and issue this one in its stead. We deny appellants' motion for rehearing.

Appellants, Joseph Knute Nivens, Wilbur Dunten, and Marvin Fontenot, (collectively "the taxpayers"), challenge the trial court's order granting a plea to the jurisdiction in favor of appellee, the City of League City ("the City"). We affirm.

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