A.E. Brewster et al. v. City of Dallas
Cause No. DV-98-08100-M

1995 Fire Registration Fee Class Action

ATTENTION:  ALL COMMERCIAL PROPERTY OWNERS IN DALLAS, TEXAS THAT PAID THE CITY OF DALLAS 1995 “FIRE REGISTRATION FEE” ON OR AFTER JULY 28, 1995

On this webpage, Class Counsel provides background information about the [Final Judgment] in the 1995 Fire Registration Fee class action, Brewster et al. v. City of Dallas, Cause No. DV98-08100-M in the 298th District Court of Dallas County].  This webpage also has a link to the [Claim Form] that must be completed, notarized, and returned to Class Counsel in order to receive a distribution of funds under the Final Judgment.

Background:

During the first nine months of 1995, the City of Dallas charged a “Fire Registration Fee” on commercial buildings.  In 1998, a class action lawsuit was filed in which the class, through their attorneys identified below, challenged the “Fire Registration Fee” as an illegal occupation tax under Texas law.

The 298th District Court of Dallas County, Texas, determined that the fee was illegal, certified the class action and then entered its Final Judgment in favor of the class on January 10, 2003.  The Supreme Court of Texas subsequently upheld the trial court’s judgment in a written opinion dated March 28, 2008, entitled [Lowenberg v. City of Dallas, 261 S.W.3d 54 (Tex. 2008)].

With the Supreme Court of Texas’s decision, Class Counsel in cooperation with the City of Dallas has begun to make funds available to Class Members as payment in accordance with the Final Judgment.

Those Class Members for whom Class Counsel could obtain a good current address have already been paid or are in the process of being paid.  Other Class Members should complete this [Claim Form] and submit it to Class Counsel to be paid.

FAQ

Who is entitled to receive money under the [Final Judgment]?

Commercial property owners in Dallas, Texas who paid the 1995 Fire Registration Fee and any associated fine after July 28, 1995.  The fee was charged only to entities that owned commercial buildings (not residences) in Dallas as of January 1, 1995.

If a commercial property owner previously excluded itself from the class action, it is not entitled to receive any money under the Final Judgment.

How do I make a claim for money under the [Final Judgment]?

Complete the [Claim Form], have the Claim Form notarized, and send it to the following address:  Lowenberg Class Action Lawsuit, P. O. Box 131137, Dallas, Texas 75313-1137.

Please make sure to follow all instructions on the Claim Form.

How much money will I receive?

In every case, the amount that will be refunded under the Final Judgment is greater than the amount paid to the City of Dallas.

The amount of money you receive depends on the amount you paid to the City of Dallas.  Generally speaking, you will receive the full amount of the 1995 Fire Registration Fee you paid to the City of Dallas, plus interest, less attorneys’ fees and expenses.  Recoveries typically range from approximately $75 to $1,500.

How long will it take to get a check?

Class Counsel anticipates distributing checks on a rolling basis within 60 to 90 days of receipt of the properly completed Claim Form.

What if I do not currently own the property for which I paid the 1995 Fire Registration Fee?

You are still entitled to the refund of the 1995 Fire Registration Fee.  This is true so long as you paid the fee during the relevant time period and did not exclude yourself from the Class, and even if you later sold the property.  Please submit a completed Claim Form.

What if the entity that paid the 1995 Fire Registration Fee is no longer in existence?

Only the entity that paid the fee, or any legal successor in interest of the entity, is eligible for a refund.  If the commercial property owner is no longer in existence – if it was dissolved or forfeited its charter, for example – a legal successor in interest to the entity that paid the fee can still submit a Claim Form.  These claims will be considered on a case-by-case basis.  You may be required to provide additional proof to make a claim, such as legal documentation demonstrating you are the legal successor in interest to the entity that paid the fee.

Who represents the Class?

John T. Cox III
Lynn Tillotson Pinker & Cox, LLP
750 N. St. Paul Street, Suite 1400
Dallas, Texas  75201
(214) 981-3800 Telephone
(214) 981-3839 Facsimile
www.lynnllp.com

Robert M. Nicoud, Jr.
Olson Nicoud & Gueck, L.L.P.
1201 Main Street, Suite 2470
Dallas, Texas  75202
(214) 979-7300 Telephone
(214) 979-7301 Facsimile

What if I need more information or want to check on my eligibility for a distribution?

Please contact either of the lawyers identified above or send an email to lowenbergclass@lynnllp.com.  Please do not contact the Court or the City of Dallas.