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Food Truck Lawsuit Update: Appeals Court Grants South Padre Island Immunity

(Pictured: Ryan Macauley and Erica Lerma de Macauley)

 

What happened: In an Institute of Justice’s (IJ) press release concerning the food truck lawsuit filed in 2019, Texas’ 13th Court of Appeals reversed Judge Arturo Nelson’s decision and granted the City of SPI immunity.

 

Why it matters: The City of South Padre Island, in the Memorandum, argued their ordinances “served to benefit SPI’s economy and promote economic development.” Evidence also suggests the Appellees (plaintiffs) lacked “any evidence of how they have been oppressed.”

Memorandum Opinion

What now: The IJ says they plan to appeal the decision to the Texas Supreme Court.

 

Managing Attorney Arif Panju stated, “It’s the role of courts to protect economic liberties, not immunize cities from the Texas Constitution in the name of ‘economic development.”

IJ Press Release
 
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