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BMTP HOLDINGS, L.P. v. CITY OF LORENA

No. 10-09-00146-CV.

359 S.W.3d 239 (2011)

BMTP HOLDINGS, L.P., Appellant, v. CITY OF LORENA, Appellee.

Court of Appeals of Texas, Waco.

June 1, 2011.

Attorney(s) appearing for the Case

Richard E. Brophy Jr. & Melissa Waden Wray , Beard Kultgen Brophy Bostwick Dickson & Squires, Waco, for Appellant.

R. John Cullar , Cullar & McLeod LLP, Waco, for Appellee.

Before Chief Justice GRAY, Justice DAVIS, and Judge SOWDER.

OPINION ON REHEARING

TOM GRAY, Chief Justice.

BMTP Holdings, L.P. appeals the granting of the City of Lorena's traditional motions for summary judgment, the denial of BMTP's traditional motion for summary judgment, and the award of attorney's fees to the City of Lorena. BMTP sued the City of Lorena seeking a declaratory judgment that a moratorium and its progeny imposed by the City relating to permits for sewer connections did not apply to its developments...

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