United States Fifth Circuit

Summary judgment for defendant-city on property owners' suit arising from the city's refusal to grant permits for reconnection of plaintiffs' homes to utility services after Tropical Storm Frances is vacated where the city failed to satisfy rational basis review for purposes of summary judgment on a substantive due process claim, and failed to offer sufficient evidentiary support with regards to plaintiffs' equal protection claim.

Appellate Information

• Decided 06/06/2006
• Published 06/07/2006

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before HIGGINBOTHAM, BARKSDALE and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• J. David Breemer (argued), Meriem L. Hubbard, Pac. Legal Found., Sacramento, CA, Robert M. Moore, Robert M Moore & Associates, Galveston, TX, for Plaintiffs-Appellants., Kenneth Charles Cross, Brian E. Berwick, Asst. Atty. Gens., Austin, TX, for Amicus Curiae.


• For Appellees:
  
• George William Vie, III (argued), Mills Shirley, Galveston, TX, for Defendant-Appellee.