City commission seeking ‘Declaratory Judgment’ on data center petition

The Emporia City Commission has unanimously decided to file a "Declaratory Judgment" petition with the Lyon County District Court concerning a citizen-led initiative to ban high-impact data centers within city limits. This legal action comes after the "Emporia Neighbors United" group successfully submitted and verified a petition seeking to prohibit such developments. The court will determine if the proposed ordinance is a proper subject for the initiative process under Kansas statute K.S.A. 12-3013, specifically assessing whether it constitutes a legislative or administrative matter.

City Attorney Christina Montgomery explained that if the court deems the matter administrative, the petition cannot proceed. The court's decision will be guided by a four-pronged test from the Kansas Supreme Court, evaluating whether the petition creates new law or implements existing law, its scope, the requirement for specialized knowledge (like zoning), and the delegation of state policy to local government. Concerns were also raised about the petition's alignment with the Kansas Planning and Zoning Act due to its potential to alter existing zoning without proper procedures.

This move by the Commission is seen as a way to avoid a direct "legal battle," with Mayor Becky Smith indicating that if the petition is deemed valid, she would prefer a public vote. The controversy stems from the announced "Flint Hills Digital Campus" project, which involves 11 tracts of recently rezoned land. While "Kanza Park Place" is actively seeking end-users for the property, no specific operator has been identified yet. Meanwhile, Emporia Neighbors United has also secured clearance to pursue a recall petition against City Commissioner Erren Harter, alleging misconduct.