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MEMORANDUM OPINION No. 04-08-00434-CV GALLAGHER RANCH HEADQUARTERS RANCH DEVELOPMENT, LTD., Appellant v. CITY OF SAN ANTONIO, by and through the City Public Service Board of San Antonio, Appellee From the Probate Court No. 1, Bexar County, Texas Trial Court No. 2005-ED-0031 Honorable Polly Jackson Spencer, Judge Presiding PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Steven C. Hilbig, Justice Delivered and Filed: September 17, 2008 MOTION TO DISMISS GRANTED; DISMISSED Appellant filed a motion to dismiss this appeal. We grant the motion and this appeal is dismissed with prejudice. See TEX. R. APP. P. 42.1(a)(1). We order all costs assessed against appellant. See TEX. R. APP. P. 42.1(d) (absent agreement of the parties, costs are taxed against appellant).

PER CURIAM