Airport Case To First Finish District Court Work

Legal documents were filed in Mahaska County District Court by Pella and Oskaloosa to force Mahaska County to once again participate in the 28E agreement for a regional airport.

Legal documents were filed in Mahaska County District Court by Pella and Oskaloosa to force Mahaska County to once again participate in the 28E agreement for a regional airport.

by Ken Allsup

Oskaloosa, Iowa – The Iowa Supreme Court has said that Mahaska County must first finish its legal business with Pella and Oskaloosa in District Court before it can appeal to the Supreme Court.

The document from the Supreme Court states:

This matter comes before the court on appellee’s motion to deny permission for interlocutory (given provisionally during the course of a legal action) appeal.

Upon consideration of the documents filed, including appellee’s supplement to the motion, the court concludes that the appeal from the summary judgment ruling is interlocutory because a compulsory counterclaim remains pending.

Appellant has not sought permission for an interlocutory appeal or responded to the appellee’s motion. Pursuant to appellate rule 6.108, the court treats the notice of appeal as an application for interlocutory appeal. The application is denied.

The two cities and Mahaska County have a scheduled court date of February 19, 2019, to identify what type of specific performance was available to the Plaintiffs (Pella and Oskaloosa) and did not dismiss the Defendant’s counterclaim.

Mahaska’s counterclaim centers around the closure of 220th Street, while the court ruled that Mahaska County must abide by the 28E agreement, which requires Mahaska County to work in good faith with Pella and Oskaloosa to address any problems it may have with proposed road relocations or closures.

If the Plaintiff’s motion is granted, the only issues left to be resolved at trial will be the amount of monetary damages Plaintiffs can recover, if any, for the delay caused by Mahaska County’s breach of the 28E Agreement.

The cities in their motion request the court dismiss Mahaska County’s counterclaim for breach of contract and request a specific performance order that provides:

1. Mahaska County must abide by Article XI of the Agreement, which only permits amendments or termination of the Agreement upon the approval of the governing Boards of each Party.

2. Mahaska County must allow its representative to participate in Board meetings and fulfill his duties as Secretary/Treasurer of the SCRAA.

3. Mahaska County must notify Pella and Oskaloosa in writing of any complaints regarding proposed road relocation or other best-efforts disputes and to wait at least 60 days for Pella and Oskaloosa to provide a response. Mahaska County must consider each proposed response and work in good faith to keep conversations open regarding the dispute.

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Posted by on Sep 14 2018. Filed under Local News. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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