GARD v. BANDERA COUNTY APPRAISAL DIST.

No. 04-08-00802-CV.

293 S.W.3d 613 (2009)

L.V. GARD, Appellant, v. BANDERA COUNTY APPRAISAL DISTRICT, Bandera County Chief Appraiser, R. Elaine Chaney, Bandera County Appraisal Review Board, Boyd Peters, Chairman, Appellees.

Court of Appeals of Texas, San Antonio.

May 6, 2009.


Attorney(s) appearing for the Case

Christopher J. Weber, Christopher J. Weber, L.L.C., San Antonio, TX, for appellant.

Judith A. Hargrove, Hargrove & Evans, L.L.P., Austin, TX, for appellee.

Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, and MARIALYN BARNARD, Justice.


OPINION

Opinion by MARIALYN BARNARD, Justice.

L.V. Gard appeals a final judgment arising from a tax appraisal challenge. Gard contends the statutory cap on the amount that can be awarded in attorney's fees set forth in section 42.29 of the Texas Tax Code ("Code") violates taxpayers' due process rights and the open courts provision of the Texas Constitution. Gard also contends that the legislative history demonstrates that the Texas Legislature did not intend...

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