A Red Oak man has filed a Petition for Declaratory and Injunctive Relief in Montgomery County District Court, asking a judge to overturn what he calls an improper “no-trespassing” order that bars him from the Red Oak municipal airport.
In the petition, Randy Cooper names the City of Red Oak as the respondent and seeks declaratory and injunctive relief tied to how municipal airports are governed under Iowa Code Chapter 330. The filing was e-filed February 12th with the Montgomery County Clerk of District Court.
Cooper claims the airport property is owned by the city and overseen through an airport commission or similar administrative body. He says he had accessed and maintained portions of the airport property for years with the knowledge and consent of city officials and/or the airport commission—alleging he spent his own money and labor on things like seeding, mowing, and general upkeep.
According to the petition, around January 14th, the city issued an administrative “no-trespassing” order barring Cooper from the airport property and associated people connected to it—without written notice, a hearing, a city council vote or resolution, or a citation to authority under Chapter 330. Cooper also states that no criminal trespass charge under Iowa Code 716.7 has been filed or adjudicated against him, and he says there is no court order restricting his access.
In the petition, Cooper argues the city and/or airport commission do not have authority under Chapter 330 to permanently exclude a citizen from municipal airport property without certain legal steps—such as a criminal trespass determination, a court order, or a lawfully approved lease, license, or revocation action—and he claims any restriction on public access must include due process protections.
The filing includes multiple counts, including alleged due process violations under the Iowa Constitution, and claims the city’s action was “ultra vires,” meaning beyond its lawful authority.
Cooper is asking the court to declare the no-trespassing order void and unenforceable, order the city to rescind it immediately, and prohibit the city from enforcing or reissuing such an order without lawful authority.
We’ll continue to follow the case as it moves through Montgomery County District Court.
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