United States Fifth Circuit

Dismissal of plaintiffs' claims arising from defendant-city's refusal to grant them a license to operate a used car dealership is reversed and remanded where, contrary to the ruling below, plaintiffs' equal protection claim does not sound in selective enforcement and does not require a showing that the city acted with illegitimate animus or ill will.

Appellate Information

• Decided 04/15/2008
• Published 04/16/2008

Judges

• ELROD, Circuit Judge:, Before REAVLEY, BENAVIDES and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David Alfred Kahne (argued), Law Firm of David A. Kahne, Houston, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• William S. Helfand (argued), Charles Teilhard Jeremiah, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for Defendant-Appellee.