A Mahaska County District Court judge has denied a motion made by the Mahaska County Board of Supervisors to dismiss a legal petition filed by Pella and Oskaloosa.

According to court records, Mahaska County filed a motion to dismiss a petition filed in August on behalf of both cities after the Board of Supervisors voted to leave a 28E Agreement for a potential regional airport in northwest Mahaska County. The judge presiding over the case denied their request, and proceedings will continue in January. In August, legal counsel for Pella and Oskaloosa filed a petition against the Mahaska Board of Supervisors, saying the 28E agreement approved in 2012 was binding.

The municipalities are requesting a Declaratory Judgement Regarding Validity of Agreement and Breach of Contract – Request for Specific Performance. Pella and Oskaloosa are seeking the Mahaska County District Court’s backing to enforce Mahaska County’s performance of their part of the 28E agreement, which includes legal and regulatory action required to build the $30 million airport northwest of Oskaloosa.