Judge dismisses Edgerton, Kansas, lawsuit against citizens in data center debate

JOHNSON COUNTY, Kan. — KSHB 41 reporter Isabella Ledonne reports on stories in Overland Park, Johnson County and topics about government accountability. Share your story idea with Isabella.

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A Johnson County judge dismissed Edgerton, Kansas' lawsuit against two of its citizens who brought forth a petition to block hyperscale data center development.

The petition, signed by more than 200 Edgerton neighbors, seeks to prevent high-impact data center development after a Dubai-based company filed plans to transform its existing warehouse and land into a massive data center. The proposal saw significant backlash from the Edgerton community, citing environment and health concerns, before ultimately being approved by Edgerton city leaders.

Carrie Schmidt and Kimberly Twente submitted a verified petition on July 15, hoping to put the ordinance on the ballot in the upcoming November election. A month later, both women were served by the City of Edgerton, being named as defendants in a lawsuit over the petition.

The lawsuit claims Schmidt's submitted petition was administrative in nature, and therefore prohibited under Kansas statute. The city is sought to void the petition and invalidate it, while claiming the proposed petition ordinance would cause future injury to the city and not allow it to be repealed for 10 years.

Schmidt and Twente's attorney filed a motion to strike the lawsuit, arguing on Thursday morning in court that the city could not establish a likely probability of obtaining the relief it seeks, and the city could not satisfy its burden under Kansas law.

The judge ultimately granted the motion to strike, dismissing the case.

"In sum, the City's evidence to the extent they bring it is conclusory, verified pleading, and therefore insufficient at this stage," Judge Stephanie Goodenow wrote in her judgement.

The City of Edgerton sent KSHB 41 News a statement following the decision.

"We respect the Court’s procedural decision. While the court released Ms. Schmidt, Ms. Twente, and The Public Trust Collective from the case under the state’s Public Speech Protection Act, it did not answer the main question: whether this proposed ordinance is legally eligible to move forward. The City followed precedent and recent cases from other cities in presenting its claims and naming the interested parties," a spokesperson wrote. "We continue to have very serious concerns about the ordinance, especially that, as written, it exceeds the City's authority and misstates facts over water and power, and that it exposes the City to severe legal and financial liabilities."

It's still unclear whether the City of Edgerton will put the citizen's petition to block data center development on the November ballot, but a separate lawsuit in Johnson County could possibly determine that answer.

Shortly after Edgerton filed a lawsuit against Schmidt and Twente, Twente's husband, Eric, filed his own lawsuit against the Edgerton city clerk. The suit argues that the city's initial conclusion that the petition was administrative, and therefore invalid, is incorrect and seeks to put the petition on the ballot.

Twente's attorney filed a motion for a temporary emergency order for the petition to be on the November ballot. Judge Goodenow denied that motion, but ordered the City of Edgerton show cause why the petition should not be on the November ballot.

Those arguments are set to be heard on September 24. According to Twente's attorney, if the judge rules in their favor, the data center development debate could be placed on the November ballot.

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