Lawsuit Challenges Emporia’s Approval of Digital Infrastructure Zoning Overlay
Landowners and the Bruner trusts filed a lawsuit in Lyon County District Court against the City of Emporia over the approval and use of a Digital Infrastructure zoning overlay. The plaintiffs allege the Emporia Planning Commission lacked authority to review the zoning classifications and that the subsequent rezoning of 11 tracts was unlawful.
Amanda Mendoza, Kenneth Bruner, Ann Bruner and the separate Bruner trusts filed case LY-2026-CV-124 against the City of Emporia in Lyon County District Court. The lawsuit challenges the city’s approval of a Digital Infrastructure overlay related to a possible data center and the subsequent rezoning of 11 land tracts.
The plaintiffs contend the Emporia Planning Commission lacked jurisdiction and authorization to review zoning classifications that did not exist when the applications were submitted. They argue the overlay approval and rezoning were therefore unauthorized and unlawful. Emporia has until Thursday to respond or enter a plea.