Edgerton calls citizen petition ‘void and invalid,’ files suit to block data center ban
The City of Edgerton has filed a lawsuit against residents and a collective to block a citizen petition that seeks to ban high-impact data centers. The city argues the petition is factually and legally deficient, citing inaccuracies regarding water and electric services, and its impact on zoning. This legal action follows the city council's approval of a site plan for a data center project by DAMAC Digital Solutions Kansas, LLC despite public opposition.
The City of Edgerton, Kansas, has initiated a lawsuit in Johnson County District Court to invalidate a citizen petition aimed at banning high-impact data centers within the city. The suit names Carrie Schmidt, Public Trust Collective, Inc., Kimberly Twente, and others, claiming their petition, filed July 15, is based on factual inaccuracies and legal deficiencies.
According to the city's complaint, the petition's statements about municipal water and electric services are incorrect, as the city states it does not provide these services to the Logistics Park where a data center is proposed. It also asserts that the proposed ordinance misrepresents city findings and seeks to impose a de facto zoning change targeting data centers while allowing other high-resource industrial uses.
This legal action comes after the Edgerton City Council's July 23 meeting, where they declined to adopt the ordinance proposed by the petition. Instead of sending it to a public vote, the council authorized the lawsuit. Earlier, on July 16, the City Council had voted 4-0 to approve an appeal by DAMAC Digital Solutions Kansas, LLC, thereby approving the site plan for their data center project, which involves converting an existing building in the Logistics Park. This approval followed an initial denial by the Edgerton Planning Commission and public opposition over concerns including water usage, environmental impacts, and the company's foreign ties. No hearing date has been set for the lawsuit.