I don't believe it's the switch, because if I open the lower tailgate the top won't move... and I think that's by design.
I did re-flash both the CAS and the HKL, just to be sure they were OK.

I'm beginning to think it has something to do with my remote start. When I remote start, then try to use the tailgate, I get the weird behavior as mentioned, but only sometimes. The remote start can also mess with the logic in the CA sometimes, so I think the 2 are related.

If I don't remote start, the tailgate works as it's supposed to...
I'll do some more digging to see if I can nail down the chain of events that seem to cause this.

Thanks,
John

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2008 4.8i X5 (2/25/08) 105k:
Titanium Silver/Black; All -HUD; Aero Kit; 22" VS-130 w/Pirellis;
///M Shifter & Fr Brakes; Gauge Rings; Console Pads; Custom Wheel & Mats; Roof Rails
Carbon Fiber: Int Trim, Nav Surround, Grill, Cluster Trim, Shifter & Eyelids
1.2" H&R; LUX AEs; LCI Tails; Rear Fogs; NBT EVO; ESS Tune; Meisterchaft GTC Exhaust