Westbury Mnr/PP-CS 980810OUG 10 '98 15:59 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL CM P.01×0~
NICHOLS, JACKSON, DILLARD,
HAGER SMITH, L.L.P.
1800 LINCOLN PLAZA
500 N. AKA~D
DALLAS, TEXAS 752O1
(214) 965-9900
(214) 965-0010 FAX
PI-F-~.SE DELr~R THE FOLLOWING TO~.
NAME: Jim Witt
City Manager
City of CoppeH
COMPANY:
FAX NO.:
DATE:
FROM:
TRANSMITTED BY:
August 10, 1998
Peter G. Smith
Pam Richardson
NUMBER OF PAGES (Including Cover Sheet): 3
COMMENTS:
Opinion regarding Westbury Manor Public Access ]Easement Liability
THE I~NFORMATION CONTAINISD IN 'I~IS FACSIMILE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL
INFORMATION INTENDED ONLY FOR THE US]~ OF THE INDIVIDUAL OR ENTITY NAMED ABOVE, IF THE RECIPIENT
IS NOT THE INTENDED RECIPIENT, YOU AR]5 HEREBY NOTIFIED THAT ANY DISTRIBUTION, DISSEMINATION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE R~.CEIVED THIS IN ERROR. PLEASE
NOTWY US IMMEDIATELY BY PHONE AND R£TURN THF.. ORIGINAL M~,SSAOF. TO US AT THF, ABOVE ADDRESS VIA
THE U.S. POSTAL SERVICE.
Pi~'T~g G- ~dd rT'H
~VIO M. BERMAJ~I
BMUCE ~ SYOCY, ARD
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
ARo1'aeys & Counselors at Law
1800 Lincoln Plea
fi00 North Akard
Dall~. Tex~s 75201
(214) 965-9900
lax (214) 965-0010
E~rnail NJ'DH$ ~NlDI'I$.com
JASON ¢. MARGHAU,
d. DAVIO 00OO ~lt
ROB~ L. ~0. jR.
H. fouls
AugustlO, 1998
Mr. Jim Witt
City Manager
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
Via Facsimile and Mail
RE: Westbury Manor Public Access Easement Liability
Dear Jim:
Pursuant to your request, the undersigned provides thc following opinion relating to
property owner liability for public use of the public access easement adjoining Westbury 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 fee 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 occurring 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.
2O025
Mr. Jim Witt
August10,1998
Page-2-
PGS/pr
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGIgR & SMITH, L.L.P.
Peter G. Smith
2O025
** TOTAL PAGE.03 **