Jay Richard Ramberer told the court the first time the city called for opening 172nd Avenue was in its 2023–2028 Transportation Improvement Program adopted by resolution. He said that inclusion led to an inconsistency between the city's TIP and the county's transportation needs report and that the county never adopted the opening in its plan.
City counsel Oscar Ray acknowledged the TIP listing and the public hearings the city held but said there was no separate ordinance or council resolution authorizing gate removal. Ray argued that public works action and municipal flexibility, together with interjurisdictional coordination, explain the absence of a single formal city resolution specifically authorizing gate removal. The parties disputed whether the appropriate remedy for an alleged plan inconsistency would have been an appeal to the Growth Management Hearings Board at the time the TIP was adopted.