Emporia Data Center Ballot Questions Face Legal Challenges Over Petition Language and Zoning
Emporia voters are set to decide ballot questions seeking a 10-year halt on data centers and battery energy storage systems, but disputes over petition language could determine whether the measures are legally enforceable. Separate litigation challenges the city’s approval of a Digital Infrastructure overlay and rezoning of 11 tracts tied to the proposed west Emporia data center.
Emporia residents will vote on ballot questions seeking to prohibit data centers and battery energy storage systems for 10 years. The petitions refer to an "Article 15" that does not match the city’s existing Planning and Zoning code, prompting opposing arguments from Emporians for Progress spokesman Casey Woods and support from Emporia Neighbors United founder Jay Vehige. City Manager Trey Cocking said a court may have to determine the petitions’ effect and enforceability, while Senior Judge Glenn Braun has not set a date to rule on whether the measures are legislative or administrative.
The article also details legal challenges surrounding the proposed Flint Hills Digital Campus in west Emporia. Amanda Mendoza, Kenneth Bruner, Ann Bruner and related trusts sued the city, alleging the Digital Infrastructure overlay and subsequent rezoning of 11 tracts were unauthorized. Project spokesman Garrett Nordstrom said the project has no selected end user and that its formerly public website is now being used internally with potential customers.