Judge dismisses City of Edgerton's lawsuit against two residents over data center petition
A Johnson County judge dismissed the City of Edgerton's lawsuit against two residents, Kimberly Twente and Carrie Schmidt, ruling that it violated their public speech rights. This decision allows a citizen-led petition, which aims to put a proposed data center project to a public vote, to move forward. The city is now evaluating its options, despite expressing concerns about the petition's legality and potential liabilities.
Johnson County District Court Judge Stephanie Goodenow dismissed a lawsuit filed by the City of Edgerton against residents Kimberly Twente and Carrie Schmidt, ruling that the city's action violated the Kansas Public Speech Protection Act (KPSPA). The lawsuit, which also named the Public Trust Collective Inc., alleged that a citizen-led petition aimed at blocking data centers was "legally and factually deficient." The city argued the proposed ordinance would function as an administrative zoning restriction, not a legislative matter, and thus not subject to a citizen petition.
Attorney Linus Baker, representing Twente and Schmidt, lauded the ruling as a significant victory for public participation and the right of citizens to petition their government. The City of Edgerton, while respecting the court's decision, stated it continues to have serious concerns about the ordinance's legality, its claims regarding water and power, and potential legal and financial liabilities. The city is currently evaluating its options.
The dispute began after the Edgerton City Council started discussing plans for a DAMAC Digital data center project at the Logistics Park Kansas City warehouse. Twente and Schmidt, prominent voices against the project, circulated a petition with 208 signatures. The city council had previously declined to adopt the petition, leading to the lawsuit. Another lawsuit filed by Eric Twente, Kimberly's husband, against Edgerton City Clerk Dusti Callahan seeks to clarify the petition's validity and aims to place it on the November ballot. A hearing for this separate lawsuit is scheduled for September 24.