The Iowa Supreme Court held public oral arguments for Site A Landowners and Mahaska County v. South Central Regional Airport Agency, City of Pella, and City of Oskaloosa Thursday morning.
The court heard arguments from legal counsel as it relates to a 28E Agreement signed between those communities and Mahaska County to construct a regional airport in 2012, and if those agreements are legally binding even after new elected officials assume office.
The landowners and Mahaska County believe that the SCRAA should not have eminent domain power or the ability to compel other governmental bodies to act over territory outside of their city limits–especially since the project would be in Mahaska County, and that Pella and Oskaloosa largely control the SCRAA with the majority of representatives on the board.
The two cities and SCRAA say if 28E agreements are not legally binding — especially in long term projects such as airports, it could create situations were infrastructure is partially completed, only to be halted at the will of one party in an agreement that may include several other elected bodies — and thus, spend thousands or millions in taxpayer money that would be wasted and could not be recuperated.
Thursday’s Supreme Court hearing was limited to approximately one hour, and no decision has been made. The court will either uphold the rulings of district courts that were largely in favor of the SCRAA, Pella and Oskaloosa, return the proceedings to a district court with guidance, or overturn previous decisions in favor of Mahaska County and the landowners.