Reese v. City of Hunters Creek Village

Appellants, Brian D. Reese and Janan Toma, received citations for violation of Municipal Ordinance No. 422 issued by the City of Hunters Creek Village ("City"), which requires bicycle riders to use bike paths and to refrain from using public streets where adjacent bike paths are provided. Appellants filed the present action, seeking a declaratory judgment on the unconstitutionality of the ordinance. Both parties filed cross-motions for summary judgment and responses to the opposing motions in the district court. Appellee, City, also subsequently filed a plea to the jurisdiction and moved to dismiss the suit for lack of subject matter jurisdiction. The district court granted Citys motion to dismiss. Appellants filed this appeal, arguing that the district court erred by dismissing the suit for lack of subject matter jurisdiction and by refusing to grant their motion for summary judgment. We affirm.