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HOWETH INVESTMENTS, INC. v. CITY OF HEDWIG VILL.

No. 01-05-00904-CV.

259 S.W.3d 877 (2008)

HOWETH INVESTMENTS, INC. and Jack Howeth, as Trustee for the 881 Brogden Trust and the 901 Brogden Trust, Assignees of Howeth Investments, Inc., Appellants, v. The CITY OF HEDWIG VILLAGE, the City of Hedwig Village Planning & Zoning Commission, S. Frank White, Robert A. Wiener, Norman A. Ward, and Katherine Vazquez, Appellees.

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

April 17, 2008.

Attorney(s) appearing for the Case

Millard A. Johnson, David Christopher Deiss, Johnson DeLuca Kennedy & Kurisky, Brent L. Vannoy, Richard P. Hogan, Jr., Hogan & Hogan LLP, Houston, for Appellants.

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

Panel consists of Justices TAFT, ALCALA, and HANKS.

OPINION

TIM TAFT, Justice.

Appellants, Howeth Investments, Inc. and Jack Howeth, as trustee for the 881 Brogden Trust and the 901 Brogden Trust, assignees of Howeth Investments, Inc. (collectively, the "Howeth parties"), appeal from a final, take-nothing judgment rendered after a bench trial. We determine (1) whether the Howeth parties have timely challenged all bases on which the trial court's judgment rests; (2) whether the trial court erred in denying...

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