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MILESTONE POTRANCO v. CITY OF SAN ANTONIO

No. 04-08-00479-CV.

298 S.W.3d 242 (2009)

MILESTONE POTRANCO DEVELOPMENT, LTD., Appellant, v. CITY OF SAN ANTONIO, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled July 22, 2009.

Attorney(s) appearing for the Case

John McClish, Sue Wall, Womack, McClish, Wall & Foster, P.C., Austin, TX, for Appellant.

Lea A. Ream, Frank J. Garza, Dalby Fleming, Davidson & Troilo, P.C., Michael D. Bernard, City Attorney, Jack Pasqual, Deputy City Attorney-Office of the City Attorney, Litigation Division, San Antonio, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by SANDEE BRYAN MARION, Justice.

Milestone Potranco Development, Ltd. appeals the trial court's judgment declaring that the City of San Antonio's Tree Preservation Ordinance and Streetscape Tree Planting Standards (the "Tree Ordinance") are enforceable against Milestone's property which is located in the City's extraterritorial jurisdiction ("ETJ"). Milestone asserts that the City's limited authority to enforce its ordinances beyond its corporate...

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