Regional Airport Has New Legal Challenge From Site A Owners

Site A Landowners have filed a Petition for Declaratory Judgement over the validity of the 28E Agreement that created the South Central Regional Airport Agency.

Oskaloosa, Iowa – Site A Landowners is an unincorporated nonprofit association organized under Iowa Code chapter 501B, and constituents of Mahaska County have filed suit against the South Central Regional Airport Agency, City of Pella, City of Oskaloosa, and Mahaska County.

“Site A landowners opposes the proposed regional airport, its proposed location, the 28E Agreement entered into by Defendants, and the threat of eminent domain being exercised to seize the property of its members.”

The group and their attorneys filed six counts in their case.

The first count is “Request for declaratory judgment regarding the unenforceability of the 28E Agreement’s provision for delegation of eminent domain powers.”

“Wherefore, Plaintiff prays that the Court enter an Order declaring the 28E agreement invalid and unenforceable, and specifically find as follows:
A. The 28E Agreement is invalid in accordance with Iowa law, including Chapter 28E.
B. Due to its invalid provisions, Mahaska County is not bound by its terms.
C. Mahaska County is not legally permitted to surrender its eminent domain or its police powers subject to the 28E Agreement.
D. For such other and further relief as may be just and equitable under the circumstances.”

The second counts read, “Request for declaratory judgment regarding the unenforceability of the 28E agreement’s provision for delegation of police powers.”

The third count states, “Request for declaratory judgment regarding the unenforceability of the 28E agreement’s provision for indefinite duration.”

The fourth count reads, “The 28E agreement violates public policy.”

The fifth count reads, “The 28E agreement violates the equal protection clause of the constitution.”

“Wherefore, Plaintiff prays that the Court enter an Order declaring the 28E Agreement violates the Equal Protection Clause of the United States Constitution, and specifically find as follows:
A. the 28E Agreement is in violation of the United States Constitution.
B. the 28E Agreement is in violation of the Iowa Constitution.
C. Due to its invalid provisions, the 28E Agreement is void.
D. Due to its invalid provisions, Mahaska County is not bound by its terms.
E. Mahaska County is not legally permitted to surrender its eminent domain or its police powers subject to the 28E Agreement.
F. For such other and futher relief as may be just and equitable under the circumstances.

The final count states, “Petition for injunctive relief.”

“Wherefore, Plaintiff prays that Defendant be temporarily enjoined from exercising the above-described invalid powers under the 28E agreement, including but not limited to the compelled exercise of eminent domain authority against Mahaska County, pending the final disposition, resolution and adjudication of all issues herein and that upon final disposition, resolution and adjudication of all issues herein, that the Defendants be permanently and perpetually enjoined from proceeding with the development and Plaintiff prays for such other relief as the court shall deem just and proper in consideration of the circumstances.”

The lastest legal action was filed in the District Court for Mahaska County on August 13th, 2019.