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CITY OF FT. WORTH v. RYLIE

No. 02-17-00185-CV.

563 S.W.3d 346 (2018)

The CITY OF FORT WORTH and David Cooke, in his official capacity as Fort Worth City Manager, Appellants/Cross-Appellees v. Stephannie Lynn RYLIE, Texas C&D Amusements, Inc., and Brian and Lisa Scott d/b/a TSCA and d/b/a River Bottom Pub, Appellees/Cross-Appellants.

Court of Appeals of Texas, Fort Worth.

Motion for En Banc Reconsideration Denied November 15, 2018.

Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANTS/CROSS-APPELLEES: GERALD PRUITT , CHRISTOPHER B. MOSLEY , CITY OF FORT WORTH, FORT WORTH, TEXAS, DEE J. KELLY, JR. , DAVID E. KELTNER , JOE GREENHILL , KELLY HART & HALLMAN LLP, FORT WORTH, TEXAS.

ATTORNEYS FOR APPELLEES/CROSS-APPELLANTS: MARK HANEY , KELLY PULS , PULS HANEY KAISER, PLLC, FORT WORTH, TEXAS, ANATOLE R. BARNSTONE , AUSTIN, TEXAS, STEPHEN FENOGLIO , AUSTIN, TEXAS.

Before Walker, Gabriel, and Kerr, JJ.

OPINION

The Texas constitution directs the Legislature to "pass laws prohibiting lotteries." Tex. Const. art. III, § 47(a). As a consequence, the Legislature enacted chapter 47 of the Texas Penal Code, which prohibits most forms of gambling in Texas, including owning, manufacturing, transferring, and possessing...

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