Lyon County judge orders Emporia data center ban on ballot
A Lyon County District Court has ordered that a citizen-initiated petition to ban high-impact data centers in Emporia, Kansas, be placed on the November 2026 ballot. This ruling follows resident opposition to city commissioners' approval of zoning changes that could allow data centers. City officials had sought judicial review to challenge the petition's validity, arguing zoning regulations might not be subject to citizen initiatives.
A Lyon County District Court has mandated that a citizen-initiated petition, aiming to prohibit high-impact data centers in Emporia, Kansas, must appear on the November 2026 ballot. This court order stems from a recent hearing regarding temporary directives linked to the petition.
The citizen movement gained momentum after Emporia city commissioners approved zoning amendments earlier this summer, potentially paving the way for data center development. This decision faced significant public backlash, including a contentious July commission meeting that resulted in an arrest. City leaders subsequently pursued judicial review, contending that zoning regulations might not fall under the purview of citizen initiative processes and requested an injunction to defer any vote until the review was finalized.
Despite an initial rejection of the petition due to a filing error, a subsequent submission was successful, compelling the city to either adopt the ordinance directly or present it to voters. Following Thursday's court order, Emporia city officials have stated their intention to convene a special meeting to ensure compliance by filing the requisite resolution with the Lyon County Election Office. Updates on the process will be provided as they become available. A similar petition seeking a public vote on battery energy storage within the city is also undergoing judicial review.