With the state's COVID-19 shutdown expected to end Monday, two indoor water parks behind a legal action against Gov. Tom Wolf are asking a judge to drop the case. Butler law firm Dillon McCandless King Coulter & Graham filed a complaint Dec. 13 in the U.S. District Court for the Western District of Pennsylvania on behalf of Conley Resort & Golf Club in Penn Township and Kalahari Resorts & Conventions in the Pocono Mountains, asking a judge to reverse Wolf's order closing entertainment businesses.

After a daylong hearing Tuesday, U.S. District Judge Mark Hornak was expected to make a decision. However, on Thursday, the businesses asked the judge to drop the whole matter after Wolf announced he would not extend the order after its planned Jan. 4 expiration.

Conley Resort & Golf Club is part of St. Barnabas Hospitality Group. “A significant portion of the relief sought through the litigation has been obtained, and Plaintiff Kalahari Resorts and Conventions will reopen Pennsylvania's largest water park resort on Monday,” Thursday's submission from the businesses read.

The suit came in response to Wolf's move to close entertainment venues and gyms, ban indoor dining at restaurants, and temporarily halt school sports and other extracurricular activities to stop the spread of the virus. The closures were scheduled for Dec. 12 to Jan. 4.

Along with water parks, businesses that are classified as entertainment venues include casinos, theaters, concert halls, museums, zoos, amusement parks, carnivals and botanical gardens.

Daryl Morris, general manager of Kalahari, told Hornak during Tuesday's hearing that the indoor water park is willing to abide by any government mandates and health restrictions. He said the business closed March 17 and reopened June 19. It stayed open until Dec. 12 when the most recent order forced it to close the indoor aspect of the business.

Morris said its ventilation systems provide fresh air to the indoor park to reduce the spread of the virus. He said they would occasionally expel people from the park for not observing virus precautions, such as wearing a mask when entering.

The expiration of Wolf's order will not impact Conley Resort. According to J.D. Turco, chief financial officer of St. Barnabas Health System, the indoor park facility is closed while improvements to its sun roof are made.