Legal Opinions

Diablo Community Services District

“With few exceptions, the roads within the proposed district are private in nature, but subject to a right of way reserved to the public.” (Formation Document 1969)

July 14, 2015: David Birka-White (Attorney) made a presentation to the Diablo Community Services District meeting “on the issue of private roads in Diablo; and that Diablo Roads should not be closed to the general public.”

May 12, 2015: Robert Tiernan (Attorney) made a presentation to the Diablo Community Services District meeting” regarding the public vs private use of Diablo Roads.

January 13, 2014: The Legal Opinion “Privatization of Diablo” (PDF below) was written by Richard J. Breitwieser,  Attorney for the Diablo Community Services District.

D. Breitweisser Legal Opinion Privatization of Diablo Roads 1.15

July 13, 1993: Ordinance Code of Diablo Community Services District, Diablo, California

DCSD 1993 Ordinances copy

May 15, 1969: Formation of Diablo Community Services District (PDF below). “With few exceptions, the roads within the proposed district are private in nature, but subject to a right of way reserved to the public.

DCSD Formation Doc

June 19, 1967: The letter below was written by Richard J. Breitwieser to Robert P. Tiernan, President, of Mt. Diablo Property Owners Association. “In my opinion, the public has obtained a right of way to use the road at all reasonable times and places, and I question whether any entity other than the county itself could restrict their passage.”