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COMUNIDAD BALBOA, LLC v. CITY OF NASSAU BAY

No. 14-10-00167-CV.

352 S.W.3d 72 (2011)

COMUNIDAD BALBOA, LLC, Appellant, v. CITY OF NASSAU BAY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing En Banc Overruled October 19, 2011.

Attorney(s) appearing for the Case

Michael W. Eaton , Southlake, for appellant.

Judith A. Hargrove , Austin, for appellee.

Panel consists of Justices ANDERSON, SEYMORE, and McCALLY.

OPINION

CHARLES W. SEYMORE, Justice.

Comunidad Balboa, LLC ("Comunidad Balboa") appeals the trial court's order granting the City of Nassau Bay's ("the City") motion for summary judgment and denying Comunidad Balboa's motion for summary judgment. We reverse and remand.

I. BACKGROUND

Comunidad Balboa was formed in 2003 as a wholly owned subsidiary of Comunidad Corporation. In December 2003, Comunidad Corporation, through nine wholly owned...

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