Hartsell v. Town of Talty

*330OPINION ON MOTIONS FOR REHEARING

Appellants and appellee have filed motions for rehearing of this Court’s opinion issued February 20, 2004. We deny both motions for rehearing. We issue this opinion solely to clarify our decision regarding the parties’ attorneys’ fees. To the extent any party has interpreted our opinion to preclude the trial court from considering attorneys’ fees to appellants on remand, such an interpretation is incorrect. As explained in our opinion and provided for in our judgment, we remanded the issue of attorneys’ fees for reconsideration by the trial court. Thus, on remand, the trial court may “award costs and reasonable attorneys’ fees as are equitable and just,” to either party, as provided in the declaratory judgments act. Tex. Civ. Prac. & Rem.Code Ann. § 37.009 (Vernon 1997).