Lake Park-CS 980108 CAUSE NO. 97-07962-H
MITCHELL H. REITMAN, § IN THE DISTRICT COURT
Plaintiff/Counter-Defendant, §
VS. § 160TH JUDICIAL DISTRICT
THE CITY OF THE COPPELL, TEXAS §
Defendant/Counter-Plaintiff. § DALLAS COUNTY, TEXAS
AFFIDAVIT OF KEN GRIFFIN
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared Ken
Griffin, who after being by me duly sworn, deposed and stated the following:
"1. My name is Ken Griffin. I am over eighteen (18) years of age, of sound mind and
have never been convicted of a crime. I am competent to make this Affidavit and the facts stated
herein are tree and correct and based on my personal knowledge.
2. I am a licensed P.E. and the City Engineer for the City of Coppell, Texas. In my
capacity as City Engineer, I supervise the building inspection department which issues' fence
permits pursuant to the City Code.
3. Attached to this affidavit as Exhibit A is a tree and correct copy of the Lake Park
Addition plat recorded at Volume 91170 Page 2650 of the Dallas County Plat Records, which
includes the property that is the subject of this lawsuit and the lot at 603 Lake Park Drive Coppell,
Texas, Lake Park Development Lot 9, Block E owned by Mitchell H. Reitman. I am personally
Affidavit - Page I SSI 5007
familiar with the fence at that location having observed the same on several occasions. A citizen
complaint on July 25, 1997 prompted my department to investigate the fence. No permit had
been issued for the construction of the fence. After reviewing the plat and inspecting the location
of the fence, I determined that the fence was constructed on City property. I have drawn the
approximate location of the represented by the red lines I have drawn on Exhibit A. Attached
hereto as Exhibit B are photographs of the fence taken on December 8, 1997. These photographs
accurately depict the subject fence. The fence on Lot 9 extends beyond the property line and
onto City property..
4. On July 28, 1997 I spoke with Mr. Reitman via telephone about his fence and
indicated that the City Council would consider his request for a license on August 12, 1997. At
no time did I tell Mr. Reitman that his fence could be placed on City property nor did I tell him
that the City Council would grant his license.
Further the Affiant saith not."
SUBSCRIBED AND SWORN TO BEFORE ME on this the ~ day of January,' 1998, to
certify which witness my hand and official seal.
My Commission Expires:
';i ~..~',,~'~.-~ PAUI.A d. 0ROCKER
Affidavit - Page 2 SS15007