Emporia Responds to Lawsuit Challenging Data Center Zoning
The City of Emporia has denied most allegations in a lawsuit challenging the zoning process for a proposed roughly 1,000-acre data center complex. The plaintiffs argue the city lacked authority to create the Digital Infrastructure overlay and rezone 11 tracts of land, while the city says the claims are legally barred or fail to establish grounds for relief.
The City of Emporia has filed a response to a lawsuit brought by Amanda Mendoza, Kenneth Bruner, Ann Bruner and separate Bruner trusts over zoning actions tied to a potential 1,000-acre data center complex. The plaintiffs contend the Digital Infrastructure overlay was created before the Planning Commission had authority to review the relevant zoning applications, making the overlay and subsequent rezoning of 11 parcels unlawful.
The city acknowledged certain votes and official records but denied most of the allegations. Its filing argues that the plaintiffs have not stated a valid claim and that some claims are barred by mootness, ripeness, standing or other legal conditions, as well as the city’s Home Rule authority. Lyon County Judge Lee Fowler recused himself because his brother is a partner at the law firm representing the city; Judge Jeff Larson has not yet selected a replacement judge.