Franklin County judge rules data center question will go on November ballot

KANSAS CITY, Mo. — KSHB 41 reporter Lily O’Shea Becker covers Franklin and Douglas counties in Kansas. Share your story idea with Lily.

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Franklin County District Court Judge Eric W. Godderz ruled Thursday a citizen-led proposed ordinance to ban data centers in Ottawa, Kansas, will go on the November ballot.

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The court decision comes after Ottawa United Inc., a local group of city and county residents fighting data centers, filed a lawsuit against the city on Sunday alleging the city ignored its initiative petition.

RELATED | Demand letter delivered: Ottawa petition organizers prepare legal fight over data centers

The petition includes a proposed ordinance to ban data centers that use more than 25 megawatts of power within Ottawa city limits.

On Aug. 7, the Franklin County clerk sent a letter notifying the Ottawa city clerk the petition was verified after receiving the required 658 qualifying signatures.

Under Kansas law, the Ottawa City Commission had 20 days to approve the ordinance or it would go before voters on the November ballot. City commissioners retained legal counsel who advised them to not take action based on their review of the petition.

Whether the ordinance takes effect depends on both voter approval and the judge's final ruling.

In Thursday's hearing, Godderz said his ruling comes from a unique standpoint because of the upcoming general election.

Placing the question on the November ballot saves the city money — estimated by the county clerk to be around $10,000 to $15,000 — by avoiding a special election, Godderz said.

The decision needed to be made by Friday to meet Franklin County's election deadline for ballot questions, according to County Clerk Janet Paddock.

Godderz said the court still needs to decide whether the proposed ordinance is legislative or administrative.

“There's going to be legislative and administrative components to any ordinance that's presented, but the question is whether it's primarily directed at executing its own goals or if it's directed at how another policy executes its goals," Quinn Hughes, with the Adam Jones Law Firm in Wichita, said in a previous interview with KSHB 41 News.

Hughes said an ordinance that is primarily legislative applies to K.S.A. 12-3013, the Kansas statute communities across the state are using to fight data centers.

Hughes is representing clients in Emporia who have used the statute to petition for a ban on data centers. He spoke with KSHB 41 reporter Lily O'Shea Becker about the statute in general, and not on behalf of his clients.

Godderz cited the case in Emporia, Lyon County, throughout Thursday's hearing.

On Aug. 20, the city recognized a Lyon County District Court order requiring the placement of the petition question on the November ballot.

The proposed ordinance is currently under legal review, and like Ottawa, its passage is also contingent on both voter approval and the court's decision.

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