Levy v. City of Plano
Levy v. City of Plano
Opinion of the Court
Meyer Levy sought a declaratory judgment concerning his rights under former section 481.143 of the Texas Government Code.
We hold that, consistent with our opinion on rehearing in Quick, the court of appeals had subject matter jurisdiction to consider the merits of Levy’s claim under section 481.143 and to determine whether Levy accrued any rights under section 481.143 before its repeal. Pursuant to Texas Rule of Appellate Procedure 59.1 and without hearing oral argument, we grant Levy’s petition for review, reverse the court of appeals’ judgment dismissing the case, and remand the case to the court of appeals for further proceedings in light of our opinion on rehearing in Quick.
. Act of May 30, 1987, 70 ⅛ Leg., R.S., ch. 374, § 1, sec. 7.003(a), 1987 Tex. Gen. Laws 1823, 1839, amended by Act of May 24, 1995, 74 ⅛ Leg., R.S., ch. 794, § 1, sec. 481.143, 1995 Tex. Gen. Laws 4147, 4147, repealed by Act of June 1, 1997, 75 ⅛ Leg., R.S., ch. 1041, § 51(b), 1997 Tex. Gen. Laws 3943, 3966. The Legislature reenacted section 481.143 in 1999. See Act of April 29, 1999, 76 th Leg., R.S., ch. 73, § 2, 1999 Tex. Gen. Laws 431, 431-35 (currently codified at Tex. Loc. Gov’t Code §§ 245.002-.004). However, the reenacted statute does not apply to pending litigation. See Quick, 7 S.W.3d at 132 n. 1 (opinion on rehearing).
Reference
- Full Case Name
- Meyer LEVY v. CITY OF PLANO
- Cited By
- 1 case
- Status
- Published