|
Motion for Rehearing Denied |
|
|
|
|
Written by Administrator
|
|
Friday, 07 March 2003 |
The motion for rehearing in the Hunter's Creek Village case was denied on February 14, 2003. The plaintiffs are considering petitioning for review by the Texas Supreme Court.
In this case Brian Reese and Janan Toma were ticketed in separate incidents for riding their bikes in a city street. They sued the City of Hunters Creek Village to have its bike ban signs removed on the grounds that the signs do not conform to the TxMUTCD or the Texas Rules of the Road. The trial court dismissed the case on jurisdictional grounds, ruling that it did not have jurisdiction to hear a 'criminal' matter, and the 1st Court of Appeals affirmed.
Meanwhile, Janan Toma contested her ticket, and was convicted in Municipal Court ($200 fine) and at a new trial at the County Court level where the fine was reduced to $100. The 1st Court of Appeals recently affirmed the County Court conviction, and Ms. Toma is considering a motion for rehearing and/or appeal to the Texas Court of Criminal Appeals in that case as well.
You can read the opinion on the Texas Judiciary Online. |
|
|
Advocacy