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 hyperscale data center proposal in Edgerton, Kansas could be going up to a public vote after a Johnson County judge ruled on the nature of a citizen-led petition.
The DAMAC data center in Edgerton has had a roller coaster journey; first being held by the planning commission, then denied, then appealed by the company and ultimately approved by the city council.
But throughout the process, dozens of citizens have spoken up against the data center. In late summer, citizens filed a petition to block hyperscale data center development.
After two lawsuits regarding the petition, the Edgerton City Council was ordered by a judge to either approve the ordinance or put it on the upcoming ballot for a community vote.
WATCH | Edgerton to decide on petition that blocks hyperscale data center development
Small Kansas communities have been voicing their opposition to data centers all year, and Edgerton has been at the forefront of that debate.
"The whole thing has been a learning experience and a learning process," Carrie Schmidt, one of the petition organizers, said.
Schmidt and Kimberly Twente organized the petition to block data center development. The petition received the necessary signatures, but then Schmidt and Twente got sued by the city over the petition.
The first lawsuit was dismissed by a Johnson County judge, but a second counter lawsuit ultimately determined the nature of the petition itself.
"Nobody ever expects to submit a petition to exercise their First Amendment rights and to be sued for it," Twente said.
The lawsuits focused on whether the petition was administrative or legislative. If the petition was legislative, then the City of Edgerton would have to either adopt it in its original language or put it up to a vote.
"Why did the city bring forth that lawsuit against two of its citizens?" KSHB 41 News reporter Isabella Ledonne asked.
"The genesis of the lawsuit was about getting declaratory judgment, really having the court decide administrative versus legislative," city administrator Beth Linn said.
Linn explained the lawsuit had to name a defendant to get the judgment from the court.
"It was not meant to be retaliatory toward those ladies," Linn said.
But after the Johnson County judge ruled the petition was legislative, it puts the city in unknown territory. DAMAC's hyperscale data center plans were already approved, but the petition would block any new development.
"We're working with our city attorney and other team members to kind of understand what the implications would be," Linn said.
Edgerton's city administrator explained the city sees the data center as a positive growth for community development.
"It is an existing use of an existing building, it is a property tax generator and a sales tax generator," Linn said. "That sales tax generates dollars that then get utilized specifically for capital improvement projects within the city, so fixing stormwater problems, flooding of homes and flooding of streets."
For some Edgerton neighbors, the ruling on the petition is a cautious win. City council will decide on Thursday whether to adopt the petition as is or put it on the upcoming spring ballot.
"No matter what toll it takes, it's worth it because we're ultimately doing this for each other," Twente said.
DAMAC did not respond to KSHB 41 News' request for comment by the time of this publication.
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