The Clinton Herald, Clinton, Iowa

January 2, 2013

Trial date set in timber-harvesting case

By Katie Dahlstrom
Herald Staff Writer

CLINTON — A trial date has been set in the lawsuit between the city of Clinton and a Clinton man vying for access to his property in order to harvest timber.  

The pre-trial conference for the case of Tim Bice versus the city of Clinton will be 11 a.m. Feb. 1. The trial is scheduled for 9 a.m. March 12.  

Bice owns property at the northwest corner of Cragmor Drive and Lakewood Drive and would like to establish an access point to the land using Lakewood Drive, an unimproved right of way, in order to begin logging.  

However, after several requests to the city, including discussions with the City Services Committee and Committee of the Whole, Bice was told he would not be granted vehicular access to the land to harvest the timber.

Several residents attended these meetings to oppose Bice’s plans.  

Bice filed suit in March 2012 asking for the court to declare the city’s denial unconstitutional and also to award him money damages incurred from the city’s action.   

City Attorney Jeff Farwell responded by stating Bice purchased the landlocked property and reiterated Bice could not access it using Lakewood Drive because it was unimproved and not approved for vehicular traffic.