Hearing set for October 22 on temporary restraining order for Nebius data center project

KANSAS CITY, Mo. — A motions hearing is set for October 22 on a lawsuit related to the Nebius data center project in Independence.

The Independence GUARD (Guardians United Against Reckless Development) Alliance filed the lawsuit to halt construction of the Nebius hyperscale AI data factory in the Little Blue Valley.

Named in the lawsuit are the city of Independence, Missouri ADC Holdings LLC (data center developer) and Independence Power Partners LP.

Residents along Bly Road in the Little Blue Valley of Independence are hoping to stop construction near their homes.

The lawsuit alleges the city violated zoning and sunshine laws, as well as the city charter, and has failed to enforce city laws.

Residents are asking a judge to pause the project.

A hearing has been set for October 22 at 9 a.m. on their motion for a temporary restraining order and the defendants' motion to dismiss.

The Independence City Council approved billions of dollars in incentives for Dutch tech company, Nebius, to build and operate the 2.1-million-square-foot hyperscale AI data factory on 400 acres at the south end of Bly Road in March.

Nebius broke ground on the first phase of the project in April.

Nebius — which is party to the lawsuit through a subsidiary, Missouri ADC Holdings — provided us a statement about the lawsuit when it was filed earlier this year in Jackson County Circuit Court.

“We are reviewing the claims and cannot comment on the case specifics,” Nebius Vice President of Public Affairs John Sutter said in a statement. “Nebius remains committed to complying with all applicable laws and regulations, and being a responsible partner for the community as our historic investment in Independence takes shape.”