Johnson County city sues to keep proposed data center ban off ballot

The City of Edgerton has filed a lawsuit in Johnson County District Court seeking to block a citizen-led petition that aims to ban high-impact data centers in the city by classifying them as industrial nuisances. The lawsuit, filed on August 4, names Carrie Schmidt, Public Trust Collective Inc., and Kimberly Twente, alleging their petition contains false information and could expose the city to future legal challenges regarding property rights.

The petition, which garnered 208 signatures and was validated by the Johnson County Election Office, also seeks to protect residents' property and preserve city resources like water and electricity. Despite the petition's validity under state law, the Edgerton City Council voted on July 23 to strike down the proposed ordinance, citing inaccuracies and claims falsely attributed to the council. This action followed the council's unanimous vote on July 16 to approve final site plans for an $860 million data center, overriding an earlier rejection by city planners.

Edgerton's lawsuit specifically asks the court to declare the petition void, rule its data center prohibition invalid, and permanently prevent the ordinance from being submitted to voters. The city has also requested a temporary restraining order and injunction to pause the election process. Todd Luckman, an attorney for Edgerton, clarified that the city is not seeking financial compensation but rather a judicial determination on the ordinance's legality. He emphasized that naming specific individuals and organizations in the lawsuit is a procedural requirement under Kansas law for affected parties.

The city contends the proposed ordinance unfairly targets data centers, using the example that a manufacturing project with similar water usage would not be outlawed. As of Saturday, no hearings had been scheduled in the Johnson County District Court case.