OKLAHOMA CITY (KFOR) — The on-going battle between Oklahoma County Commissioners and Oklahoma City City Council could become costly to taxpayers. City council went into executive session during its Tuesday meeting. That’s when they decided to press forward with finding a new jail site, calling for third-party mediation. Minutes later, commissioners voted to move forward with a lawsuit against city council. Commissioners sued city council after it denied rezoning requests for the proposed jail site on East Grand Blvd in southeast Oklahoma City. The city’s decision has put the squeeze on commissioners to hit a deadline to break ground on a mental health facility. The project would have been built on the proposed jail site. "It potentially puts in peril the mental health facility and the $40 million attached with that and suffice it to say I'm just extremely disappointed," said Brian Maughan, District 2 Commissioner. The $40 million earmarked for the project came from federal COVID-19 funds, or ARPA funds. OK Co. Commissioners vote to secure federal funds for mental health facility at jail site The Attorney General’s Office issued a “letter of counsel” last week. It stated a court would “likely grant immunity” to the count in the case. Commissioners claim they have “superior sovereignty” over the piece of land. "The fact the city council wants to play politics for $40 million and over the site of a jail, of which they were told by the Attorney General that this was our decision and our decision alone and they should work with us to get along,” said Myles Davidson, District 3 Commissioner. “Yet they've dug in their heels." There is a large need for mental health facilities in Oklahoma. According to Oklahoma Department of Mental Health and Substance Abuse, the state has the fifth highest rate of mental illness in the nation. Only a small portion of those affected receive state services for care.County Commissioners said, despite the need for the facility, they will find a way to spend the money on other federally approved programs."Make no doubt about it. We're not losing the $40 million,” said Davidson. “The public needs to be fully aware that the $40 million dollars is going nowhere. We are not sending that money back to D.C." The lawsuit between commissioners and city council is expected to be heard in court on January 23.