Westbury Manor-CS 980810ROBERT L. DILLARD
ROBERT E. HAGER
PETER G. SMITH
DAVID M. BERMAN
BRUCE A. STOCKARD
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS @NJDHS.com
JOHN F. ROEHM III
JASON C, MARSHALL
J. DAVID [3ODD 111
ROOERT L. DILLARD. JR.
H. LOiJIS NICHOLS
LAWRENCE W. JACKSON
o~ COONS~L
August 10, 1998
Mr. Jim Witt
City Manager
CiD' of Coppe!!
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
Via Facsimile and Mail
RE:
Dear Jim:
Westbury Manor Public Access Easement Liability
Pursuant to your request, the undersigned provides the following opinion relating to
property owner liability for public use of the public access easement adjoining Westhury Manor.
You advise that certain homeowners in the Sandy Oaks Division are concerned about
their liability for the use of the public access easement adjacent to the lots fronting on Simmons
Drive by homeowners in the proposed Westbury Manor Subdivision. Apparently, the concern
for liability is premised on the underlying fee ownership of the public access easement by the
adjacent lot owners of the Sandy Oaks Division.
As we previously advised, the public access easement may be used by the general public
for ingress and egress for any lots or property which abut the public access easement. The
owners of the underlying the interest in the public access easement do not have any Liability for
property damage or personal injury which may occur in or within the public access easement.
Liability for motor vehicle accidents occumng on the public access easement is the same as if the
accident occurred on a public street or highway. Accordingly, the owners of lots in the Sandy
Oaks Division fronting on Simmons Drive and which abut the public access easement do not
have any liability for the public use of the public access easement.
Thank you for your attention to this matter. If you have any questions in this regard,
please do not hesitate to contact me.
20025
FORWARDED TO
MAYOR_AND COtJNCIL
DATE: ~-l~"q~ _
Mr. Jim Witt
August 10, 1998
Page -2-
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
PGS/pr
Peter G. Smith
20025