The Bices purchased the land in 2010 for $49,900 with plans to use it for logging, building a home or developing a subdivision. The city allegedly also attempted to purchase the property at the same time.
After purchasing the property, Bice asked the city for vehicular access along an unimproved right-of-way from Cragmor and Lakewood drives. After the city told him he could not access his property with a vehicle, the Bices filed a lawsuit in March 2012 alleging the city's actions were unconstitutional.
The city's eminent domain proceeding made the lawsuit irrelevant.