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CITY OF CARROLLTON v. RIHR INC.

No. 05-08-01715-CV.

308 S.W.3d 444 (2010)

CITY OF CARROLLTON, Texas, Appellant, v. RIHR INCORPORATED, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled April 26, 2010.

Attorney(s) appearing for the Case

Fredrick Quast, Taylor, Olson, Adkins, Salla & Elam, L.L.P., Fort Worth, TX, for Appellant.

Richard B. Schiro, Law Office of Richard B. Schiro, Dallas, TX, for Appellee.

Before Justices MORRIS, O'NEILL and FILLMORE.

OPINION

Opinion by Justice FILLMORE.

Appellee RIHR Incorporated, owner of two residential development lots in Carrollton, Texas, applied to appellant The City of Carrollton for building permits to complete construction of houses on those lots. Carrollton refused to issue those permits, demanding instead that RIHR first reimburse Carrollton for a portion of the city's cost to remediate a collapsed retaining wall on lots not owned by RIHR. Following a non...

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