COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING EN BANC

Appellate case name: HDW2000 256 East 49th Street, LLC and Westbury, Inc. V. The City of Houston Appellate case number: 01-12-00053-CV Trial court case number: 0846371 Trial court: 113th District Court of Harris County Date motion filed: January 4, 2013 Party filing motion: Appellants, HDW2000 East 49th Street and Westbury, Inc. It is ordered that the motion for rehearing en banc is DENIED [--] GRANTED.

Judge’s signature:/s/Terry_ Jennings [-] Acting Individually Acting for the Court Panel consists of:

Date: February 8, 2013