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HARWARD v. CITY OF AUSTIN

No. 22-50924.

84 F.4th 319 (2023)

Judy HARWARD; Brent Harward; 3325 Westlake Owners, L.L.C.; Kirk Fritschen, as trustee of The 3705 Westlake Trust; 4200 Rivercrest, L.L.C.; Et al., Plaintiffs-Appellants, v. CITY OF AUSTIN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED October 11, 2023.

Attorney(s) appearing for the Case

Christopher Stephen Johns , Johns & Counsel, P.L.L.C., Austin, TX, William James Cobb, III , Cobb & Counsel, P.L.L.C., Austin, TX, for Plaintiffs-Appellants.

Hannah Vahl, Esq. , City of Austin, Law Department, Litigation Division, Austin, TX, Brandon Mickle , City of Austin, Law Department, Austin, TX, for Defendant-Appellee.

Before Richman, Chief Judge, Jones, and Ho, Circuit Judges.

The district court dismissed claims brought by Texas property owners as barred from federal court jurisdiction by the Tax Injunction Act. We hold that, apart from two minor exceptions, the property owners do not ask the court to "enjoin, suspend or restrain the assessment, levy or collection of any...

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