Three Kansas cities have taken residents to court over citizen petitions seeking to restrict or ban large-scale data centers, turning a fight over new technology infrastructure into a legal battle over how much power voters have to shape local policy. Edgerton, El Dorado and Emporia have each filed lawsuits challenging petitions that would restrict or prohibit certain large data centers in their communities. The petitions were organized by residents concerned about the facilities’ potential demands on local electricity and water supplies.
Under Kansas law, qualifying citizens can use a statutory petition process to propose local ordinances and, if they collect enough signatures, require local officials to either adopt the measure or put it before voters. The cities argue the petitions are legally invalid. Residents and their attorneys argue that the initiative process gives voters a direct role in deciding local policy.
The cases have produced different results. Edgerton filed its lawsuit on August 4, naming residents Carrie Schmidt and Kimberly Twente, along with the Public Trust Collective, as opposing parties in its challenge to a petition seeking to restrict data centers. The petition was submitted after residents organized opposition to a proposed data center at Edgerton's Logistics Park.
The Johnson County Election Office determined that enough valid signatures had been collected, meaning the city was required under Kansas law to either adopt the proposed ordinance or submit it to voters. Instead, the City Council voted in July to challenge the petition in court, arguing that the proposed ordinance was “legally and factually deficient.” Among the city's objections are statements in the petition that officials say incorrectly describe the city's actions, including claims concerning water service, electricity and agreements with utilities. Edgerton says it does not provide water to the Logistics Park, where the proposed data center would be located, and has no authority over water decisions made by Rural Water District No. 7.
The city also does not operate its own electric utility; Evergy provides electricity to the area. The city further argues that the petition's proposed 100,000-gallon-per-day water threshold would apply selectively to data centers. It points to another industrial project previously considered for the Logistics Park that would have used more than 100,000 gallons of water per day but would not have been prohibited by the proposed ordinance.
Edgerton City Attorney Todd Luckman said the residents were named as defendants because Kansas law requires parties whose interests could be affected by the court's decision to be included. He said the city wanted to ensure the people behind the petition were notified and able to participate in the case. The city is asking the court to declare the petition invalid and prevent the proposed ordinance from being placed before voters.
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