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BUILDER RECOVERY v. TOWN OF WESTLAKE

No. 21-0173.

650 S.W.3d 499 (2022)

BUILDER RECOVERY SERVICES, LLC, Petitioner, v. The TOWN OF WESTLAKE, Texas, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: May 20, 2022.

Rehearing Denied September 2, 2022.

Attorney(s) appearing for the Case

Donald Wayne Shelton , for Amici Curiae Big Country Home Builders Association, Greater Fort Worth Builders Association, Dallas Builders Association.

Matthew Christopher Boyle , Matthew L. Butler , Irving, William Richard (Rick) Thompson II , Dallas, L. Stanton Lowry , Irving, for Respondent.

James G. Ruiz , Austin, for Amicus Curiae Home Builders Association of Greater Austin (HBA).

Arthur J. Anderson , for Petitioner.

Manuel (Ned) Munoz, Jr. , Houston, for Amicus Curiae Texas Association of Builders.

Ian P. Faria , Houston, for Amicus Curiae Greater Houston Builders Association.

Builder Recovery Services, LLC (BRS) hauls trash away from construction sites. The Town of Westlake is a general-law municipality in which BRS operates. BRS disputes the Town's authority to impose a percentage-of-revenue license fee on companies like BRS. As explained below, we agree with BRS...

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