Supreme Court of Texas

In a case seeking recovery of fees paid on commercial buildings for fire protection services as an unlawful occupation tax from the City of Dallas, a court of appeals decision barring recovery to plaintiffs on grounds that recovery was barred by the voluntary payment rule and reversing the trial court's grant of summary judgment is reversed where failure to pursue injunctive or declaratory relief prior to payment of the unlawful tax does not render the payment voluntary so as to defeat a claim for refund.

Appellate Information

• Decided 03/28/2008
• Published 03/28/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• John T Cox III, Richard A. Smith, Lynn Tillotson & Pinker, L.L.P., Robert M. Nicoud, Olson Nicoud & Gueck, L.L.P., Russell James DePalma, Greenberg Traurig, LLP, Dallas, for Petitioner.


• For Appellees:
  
• James B. Pinson, Barbara E. Rosenberg, Asst. City Attys., Thomas P. Perkins Jr., City Attorney's Office, Dallas, Mark E. Goldstucker, Brown & Hofmeister LLP, Richardson, for Respondent.