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York v. State

The purpose of transportation code �501.158's allowing vehicles without vehicle identification numbers to be disposed of in the same manner as stolen property via article 47.01(a) of the Texas Code of Criminal Procedure is not, as appellees contend, to remove such property from the public domain to prevent stolen property from being used and circulated but, instead, to ensure that such vehicles are returned to their rightful owners if those owners can be ascertained. Fort Worth Court of Appeals, No. 2-08-118-CV, 09-24-2009

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OPINION ON REHEARING

After considering the motions for rehearing filed by appellant and both appellees, we deny all four motions, but we withdraw our prior opinion and judgment of June 11, 2009 and substitute the following to make non-substantive clarifications.

Appellant Larry York d/b/a York Tank Trucks (York) appeals from the trial court’s order dismissing York’s suit against appellees State of Texas and Wise County, Texas for want of jurisdiction. In seven issues, York challenges the trial court’s conclusions of law supporting its dismissal orders, as well as appellees’ other grounds for dismissal in their pleas to the jurisdiction. We affirm in part and reverse and remand in part.

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