Builder Recovery Services LLC v. the Town of Westlake, Texas

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-20-00051-CV
BUILDER RECOVERY SERVICES LLC, § On Appeal from the 236th District
Appellant/Appellee Court
§ of Tarrant County (236-304811-18)
V.
§ January 7, 2021
THE TOWN OF WESTLAKE, TEXAS, § Memorandum Opinion by Justice
Appellee/Appellant Bassel
JUDGMENT
This court has considered the record on appeal in this case and holds that there
was error in part of the trial court’s judgment. It is ordered that the judgment of the
trial court is affirmed in part, reversed and rendered in part, and reversed and
remanded in part.
We reverse the portion of the trial court’s judgment that declares a license fee is
unlawful and invalid under Texas Health and Safety Code Section 361.0961(a)(3), and
we render judgment that Builder Recovery Services LLC take nothing as to that claim.
We dismiss as moot the portion of Builder Recovery Services LLC’s appeal that
challenges the trial court’s ruling as to the now-repealed 15% license fee, vacate the
trial court’s declaration invalidating the 15% license fee for reasons other than the fee
violates Section 361.0961(a)(3) of the Texas Health and Safety Code, and dismiss
BRS’s claims challenging the 15% license fee as an unconstitutional occupation tax.
We reverse the trial court’s award of attorney’s fees and remand that issue to
the trial court.
We affirm the remainder of the trial court’s judgment.
It is further ordered that Builder Recovery Services LLC shall pay all of the
costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Dabney Bassel
Justice Dabney Bassel