Emporia defends data center zoning approvals in landowners’ lawsuit
The City of Emporia has asked a court to dismiss a lawsuit filed by nearby landowners challenging the city’s approval of data center-related zoning changes. The lawsuit disputes the creation of a Digital Infrastructure Overlay District and rezoning of 11 tracts, but no ruling has been issued.
The City of Emporia filed an answer in Lyon County District Court defending its unanimous July 22 approvals of a Digital Infrastructure Overlay District and the rezoning of 11 tracts tied to Kanza Park Place, LLC. The city argues that its actions complied with applicable law, zoning procedures and the comprehensive land-use plan, and asks the court to rule in its favor.
Landowners Amanda Mendoza, Kenneth Bruner and Ann Bruner filed the lawsuit Aug. 19, alleging that the overlay was approved before the related ordinance took effect and challenging the rezoning process and public participation requirements. The city disputes the claims and raises defenses including standing, ripeness and mootness. The filings contain no ruling on the merits or hearing date.