Johnson County residents allege retaliation after city files lawsuit over data center petition
The City of Edgerton, Kansas, has filed a civil lawsuit against two residents, Carrie Schmidt and Kimberly Twente, who were involved in a citizen-led petition to ban data centers in Johnson County. The residents allege the lawsuit is an act of retaliation and infringes on their First Amendment rights. This legal action follows the city's approval of a data center project from DAMAC Digital despite the planning commission's denial, and the rejection of a moratorium on data center approvals.
The City of Edgerton, Kansas, has initiated a civil lawsuit against two Johnson County residents, Carrie Schmidt and Kimberly Twente, who were key figures in a citizen-led petition to enable a municipal vote on classifying data centers as industrial nuisances. The lawsuit, filed on August 4, seeks to prevent a possible ballot initiative to ban data centers and obtain a temporary restraining order and injunction.
Schmidt and Twente claim the city's lawsuit is an act of retaliation, infringing upon their First Amendment rights and creating a chilling effect on public participation. They highlight the financial burden of legal representation, estimated at over $10,000. Attorney Todd Luckman, representing Edgerton, stated that naming the individuals and The Public Trust Collective Inc., a nonprofit created to oppose data centers, was legally required because their interests would be affected by the court's decision.
This legal dispute is part of a broader, months-long conflict in Edgerton over data center development. The Edgerton City Council recently approved an $860 million project from Dubai-based DAMAC Digital, despite the city's planning commission having denied the final site plans on June 9. Additionally, the City Council rejected a proposed moratorium on data center approvals on June 11. Other communities in rural Johnson County, such as Spring Hill and Gardner, have seen data center proposals withdrawn.