2. Background

Pacific owns property located at 6140 N. State in Calpella. The property includes a large yard fenced on four sides, containing a small central office, a trailer used as an office, a shed used for storage, a structure housing a generator, and a structure used to store a "Snow Kat" vehicle.

Outside the fenced yard and adjacent to the rear of the property is a strip of land, approximately 40x140 feet, located within an area of an abandoned public road formerly known as Third Street in Calpella. It is this strip of land that is in dispute.

According to the complaint and Pacific's answer, the strip of land has been used as a driveway for at least a decade by Alan G. and Joyce R. Ruelle, who own adjoining property. In August 2000, the Ruelles brought suit against Pacific to quiet title against adverse claims to what they alleged were their prescriptive easement rights over the strip of land. Thereafter, Pacific entered into a settlement agreement by which, among other things, Pacific agreed to sell the property and convey it by quitclaim deed to the Ruelles.

Complainants allege that the Ruelles have a history of misuse of the strip of land. Complainants state that they also want to purchase the property. They urge this Commission to prohibit the proposed sale by Pacific and to conduct hearings on the proper disposition of the property.