Construction of an on-site child care facility at Phoenix Sky Harbor International Airport has resumed after a legal challenge against the city was settled out of court.

The facility is being built in the 44th Street Sky Train Station and will have capacity for about 100 children. It will prioritize families of airport employees and offer them discounted tuition.

A child care company not selected by Phoenix had challenged the city’s procurement process in court earlier in the summer through a special action filed in Maricopa County Superior Court. Deputy Aviation Director Matthew Heil told Aviation Advisory Board during its Aug. 21 meeting that facility construction had been delayed due to protests that triggered internal city reviews of the procurement process and by the legal challenge “all of which have been laid aside,” allowing construction to resume.