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STERLING TRUCK CORP. v. MOTOR VEHICLE BD.

No. 03-05-00288-CV.

255 S.W.3d 368 (2008)

STERLING TRUCK CORPORATION and Ford Motor Company, Appellants v. MOTOR VEHICLE BOARD OF the TEXAS DEPARTMENT OF TRANSPORTATION and Metro Ford Truck Sales, Inc., Appellees.

Court of Appeals of Texas, Austin.

May 1, 2008.

Attorney(s) appearing for the Case

Martin D. Beirne, N. Terry Adams, Jr., Brit T. Brown, Benjamin A. Escobar, Jr., Beirne, Maynard & Parsons, L.L.P., S. Shawn Stephens, Billy M. Donley, David R. Jarrett, Baker & Hostetler, L.L.P., Houston, for Appellants.

Mitchell Madden, Thomas V. Murto, III, Cameron Dee Sewell, Madden Sewell, L.L.P., Dallas, Jeffee Martinez-Vargas, Linda B. Secord, Asst. Attys. Gen., Office of Atty. Gen., Natural Resources Div., Susan G. White, Sapp & White, P.C., Austin, for Appellees.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

Sterling Truck Corporation and Ford Motor Company appeal from the order by the Motor Vehicle Board of the Texas Department of Transportation concluding that the companies improperly opposed the transfer of truck sales franchises assigned to Metro Ford Truck Sales, Inc. The Board assessed civil penalties against Sterling for $428,000 and Ford for $467,000 based on alleged violations of statutes requiring that they not unreasonably...

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