The Mahaska County Board of Supervisors voted 2-1 to appeal a Mahaska District Court decision upholding the Regional Airport 28E Agreement.
Mark Groenendyk and Steve Wanders voted to move on with the appeal, and Willie Van Weelden opposed. The board will hire new legal council, Gary Dickey, to represent them in the ongoing dispute as well.
Oskaloosa City Manager Michael Schrock, during an open forum, had questioned how much the Mahaska County Board of Supervisors had spent on the legal battle, while also mentioning how much the city of Oskaloosa has already budget for the airport conversation. He also felt the court ruling was very clear in reinforcing in the 28E agreement, and questioned why the legal battle had to continue. During the discussion portion among the board, Chair Willie Van Weelden said they had not received a bill from previous legal representation.
Florence Rempe, a farmer in the proposed airport land area, encouraged the board to continue the appeal of the 28E agreement, and supported hiring stronger legal counsel as it moves to the Iowa Supreme Court.
According to court records, Judge Shawn Showers ruled in June the plaintiffs’ motion for summary judgement and declaratory judgment were granted. The court ruled the 28E Agreement was valid and binding, and the actions of the Mahaska County Board of Supervisors were in breach of contract, including the removal of their representative on the South Central Regional Airport Agency Board. The court also reinforced the terms required to dissolve the agreement, which states in order for any one party to leave the agreement, the Pella City Council, Oskaloosa City Council, and Mahaska County Board of Supervisors must all give their approval.
The Cities of Pella and Oskaloosa filed a petition to seek the Mahaska County District Court’s backing to enforce Mahaska County’s performance of their part of the agreement, which includes legal and regulatory action required to build the potential $30 million airport northwest of Oskaloosa.