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LOWENBERG v. CITY OF DALLAS

No. 06-0310.

261 S.W.3d 54 (2008)

Jim LOWENBERG, on Behalf of Himself and all Others Similarly Situated, Petitioner, v. CITY OF DALLAS, Respondent.

Supreme Court of Texas.

Rehearing Denied September 26, 2008.

Attorney(s) appearing for the Case

John T Cox III, Richard A. Smith, Lynn Tillotson & Pinker, L.L.P., Robert M. Nicoud, Olson Nicoud & Gueck, L.L.P., Russell James DePalma, Greenberg Traurig, LLP, Dallas, for Petitioner.

James B. Pinson, Barbara E. Rosenberg, Asst. City Attys., Thomas P. Perkins Jr., City Attorney's Office, Dallas, Mark E. Goldstucker, Brown & Hofmeister LLP, Richardson, for Respondent.

PER CURIAM.

During the first nine months of 1995, the City of Dallas charged a fee on commercial buildings to generate funds for fire protection services. Failure to pay the fee carried a criminal fine of up to $2,000. Threatened with that penalty, petitioner Jim Lowenberg paid his fee of $80 and then sued for a refund for himself as well as all others who paid the fee, alleging that the fee was an unlawful occupation tax. The trial court certified a class and granted...

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