The complaint filed against Penn State concerning the Circleville Farm dispute was answered with a preliminary objection last week, attorney Mike Finio said.

Finio represents Banyan Homes Inc., which sued Penn State last month after the university accepted a lower bid for the 155-acre farmland.

Jim Horne, the attorney from McQuaide Blasko law firm who is representing Penn State, said the lawsuit filed against the university does not set forth a recognized legal course of action, which is why the preliminary objection was filed.

The complaint filed against Penn State had two parts. It first said the university breached a contract with Banyan Homes and secondly, that Penn State didn't follow the state's procurement law, he said.

Horne said Penn State never had a contract with Banyan Homes and therefore, that portion of the lawsuit is invalid.

The procurement law mandates that certain commonwealth and political agencies accept all competitive bids when wanting to buy or sell something.

"Penn State, Pitt, Temple -- the state-related universities are specifically excluded from it," Horne said.

Therefore, he said, the courts should dismiss the complaint from Banyan Homes as a matter of law.

At this point, Banyan Homes has until Feb. 2 to file a response, Finio said.

They can either oppose the objections, at which time a hearing will be scheduled and a judge will decide between the two parties, or Banyan can amend the lawsuit, taking the objections into account, and send it back to Penn State, he said.

"Banyan can amend the complaint and restate what is said in order to overcome the preliminary objections," Horne said.

If this is the course of action taken, Penn State will then have to decide to answer the complaint or file another preliminary objection.

Penn State spokesman Tysen Kendig said the lawsuit has halted any progress with the land.

"Obviously, our goal is to move ahead and use the funds from the land to secure more proactive land by the airport," he said. "However, with the lawsuit pending, we don't have any plans to move forward at this time."