Iowa Supreme Court To Hear Oral Arguments

Site A Landowners and Mahaska County
South Central Regional Airport Agency, City of Pella, and City of Oskaloosa

In litigation in two district court cases over the validity of an Iowa Code chapter 28E agreement between Mahaska County and the cities of Pella and Oskaloosa over the creation of a regional airport, the county and an association of landowners each appeal from district court summary judgment rulings upholding the agreement. In consolidated appeals, the county contends the district court erred by: (1) failing to find the 28E agreement violates Iowa Code chapters 330 and 330A; (2) failing to find the 28E agreement constituted an improper restriction on and delegation of the county’s legislative powers of eminent domain, road relocation, and zoning; (3) failing to recognize the 28E agreement was an improper attempt by the prior county board of supervisors to bind future boards in the exercise of legislative functions; (4) by failing to find the county could freely revoke the delegation of its powers and retake its legislative authority; (5) failing to recognize Chapter 28E only allows the joint exercise of powers which all of the parties to the agreement already possess; and (6) declining to reconsider its earlier partial summary judgment ruling and treating it as having a preclusive effect. In the association’s appeal, it contends the district court erred by: (1) finding the association lacked standing to bring its declaratory judgment action because the alleged injury was too speculative; (2) failing to find the 28E agreement was illegal and unenforceable because it irrevocably delegated the County’s legislative and police powers; (3) failing to conclude the 28E agreement was void because its term is indefinite; and (4) failing to find the 28E agreement violates the property owners’ rights to equal protection. The cities cross-appeal contending the district court erred in failing to grant them summary judgment on the county’s counterclaim for breach of contract.

Oral Arguments will be heard on January 20th, 2022 at 9 am at the Iowa Supreme Court.

Posted by on Jan 12 2022. Filed under Local News, State 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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