County, city approve settlement to regain possession of Hangar J at Newton airport; $169,693 settlement amount included

Special counsel Greg Nye and Newton city attorney Chris Tallis briefed the Harvey County Board of Commissioners on a proposed settlement with Weatherly Aircraft over Hangar J at the Newton City‑County Airport, and the board approved the agreement on May 6.

Nye said the primary objective of the settlement is to regain possession of Hangar J so the airport may rent the space. He summarized the terms: a consent judgment with a settlement amount of $169,693.17, possession of Hangar J to be restored to the Newton City‑County Airport on June 15, 2025, and an agreement by the county and city to forgo certain claims to personal property set out in the petition. Any property Weatherly does not remove by June 15 would be deemed abandoned under the agreement.

Tallis confirmed the $169,693.17 settlement figure and noted the city commission had not yet formally considered the agreement but city staff supported the settlement as a means to reduce litigation risk and move forward with airport operations. Tallis also explained some figures in the original petition had been contested during negotiations and that a partial payment had already been credited against the back rent claim.

Commissioners asked about whether the back rent figure included amounts to date; Nye and Tallis said the settlement amount reflected negotiated credits and did not include rent beyond the contested period claimed in the petition. Commissioners also asked whether the county and city should consider clearer administrative policies to prevent extended delinquency and suggested the aviation commission provide periodic rent‑status reports to the board.

A motion to approve the settlement agreement — with a clerical correction to a date in the consent judgment (to 06/15/2025) — carried unanimously.