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The city of Leavenworth has refiled a lawsuit against CoreCivic less than a week after its federal lawsuit was dismissed in the Leavenworth District Court.
"Obviously, it’s disappointing we didn’t get the answer we were looking for, but at the same time, the judge didn’t really rule on the merits of the case," said City Manager Scott Peterson. "He really ruled that it didn’t belong in federal court."
The city initially filed a lawsuit over CoreCivic, a private prison company, attempting to open an ICE detention facility in Leavenworth.
"Our goal is what it always has been, [which] is for them to go through the special use permit process. That’s it," Peterson said.
Both parties have disagreed about the appropriate process for reopening the shuttered Leavenworth Detention Center, which is now called the Midwest Regional Reception Center.
"It's disappointing that Leavenworth has chosen to continue litigating this issue," said Ryan Gustin, senior director of public affairs for CoreCivic. "The city’s taxpayers shouldn’t have to fund a misguided legal strategy against a project that would create 300 jobs, generate millions for Leavenworth and help address one of our country’s most urgent challenges."
The city’s ordinance mandates CoreCivic apply using a special use permit, which CoreCivic did initially before withdrawing its application weeks later, saying it didn’t need a permit since it kept staff at the facility, despite not housing inmates.
The new suit is filed with a nearly identical lawsuit contingent on the basis of CoreCivic’s need to adhere to the city’s ordinance.
Peterson confirmed the facts and merits of the case are the same: CoreCivic needs a special use permit in order to operate in a new capacity.
Leavenworth's zoning regulations state private prisons must be zoned in industrial zones and obtain special use permits.
CoreCivic's former Leavenworth Detention Center facility stopped housing inmates in 2021.
The company said it kept staff on site since then and doesn't consider this a reopening; therefore, CoreCivic believes it doesn't need a permit.
"We've been part of this community as a dedicated employer for more than 30 years, and our intention remains to meet the emerging needs of U.S. Immigration and Customs Enforcement (ICE) at our Midwest Regional Reception Center," Gustin said. "As we've shared before, we believe our site is zoned properly, that a special use permit is not required under the city code, and we look forward to partnering with the local community as we always have."
Economic development is something Mayor Holly Pittman said the city has always wanted.
"We are pro-jobs in Leavenworth, we are pro-business, we are pro-economic development, but we need them to abide by our regulations here in Leavenworth, and that’s all we’re asking," Pittman said.
Pittman and Peterson agreed the messaging around the city's actions has gotten misconstrued since this process began.
"It’s not political for us," Pittman said. "We just want them to fill a special use permit and abide by the regulations that we have here in Leavenworth."
It's been a lengthy process, one Peterson couldn't help but reflect on Tuesday.
"Today would have been the final approval date for a special use permit had they continued," Peterson said.
Pittman said the city can take away valuable lessons from this process.
"It definitely sets a precedent for the city of Leavenworth on how to move forward if other people apply for special use permits," Pittman said. "Everyone has to play by the rules, and that’s what we’re asking of them."
Leavenworth's full commission will meet Tuesday night in executive session to discuss any further action.
"We’re open to doing business with them, but we need them to fill out a special use permit," Pittman said.
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