Villas at Parkside Partners v. City of Farm

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals Fifth Circuit FOR THE FIFTH CIRCUIT FILED July 31, 2012 _____________________ Lyle W. Cayce Clerk No. 10-10751 _____________________

VILLAS AT PARKSIDE PARTNERS, doing business as Villas at Parkside; LAKEVIEW AT PARKSIDE PARTNERS, LIMITED, doing business as Lakeview at Parkside; CHATEAU RITZ PARTNERS, doing business as Chateau De Ville; MARY MILLER SMITH, Plaintiffs - Appellees vs.

THE CITY OF FARMERS BRANCH, TEXAS, Defendant - Appellant ------------------------------------------------------------------------------------------------------------ VALENTIN REYES; ALICIA GARCIA; GINGER EDWARDS; JOSE GUADALUPE ARIAS; AIDE GARZA, Plaintiffs - Appellees vs.

CITY OF FARMERS BRANCH, Defendant - Appellant __________________________

Appeals from the United States District Court for the Northern District of Texas, Dallas __________________________

ON PETITION FOR REHEARING EN BANC

(Opinion March 21, 2012, 5 Cir., 2012, 675 F.3d 802)

Before JONES, Chief Judge, JOLLY, DAVIS, SMITH, GARZA, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES and HIGGINSON, Circuit Judges.1

BY THE COURT:

A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

1 Judge King did not participate.