KSHB 41 reporter Tod Palmer covers sports business and eastern Jackson County, including Independence. Share your story idea with Tod.
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During a 50-minute hearing Monday at the Eastern Jackson County Courthouse in Independence, a judge heard arguments from citizens and the city of Independence in the fight over a massive AI data center in the Little Blue Valley.
Jackson County Circuit Court Judge Jennifer Phillips promised a ruling in the case, which three women brought in hopes of forcing an ordinance approving the Dutch AI company’s plan to a public vote, by the end of the week.
The central issue swirls around what the City Charter permits.
It lays out a referendum process that the plaintiffs — Rachel Gonzalez, Kharma Magers and Misty Vaughn — believe they’ve followed.
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David Whipple, the attorney for the residents, argued that the inclusion of “however” in the referendum section of the Independence charter overrides the exceptions carved earlier in the document.
Chuck Hatfield, who argued the case for the city, disagreed and said the ordinance can’t be challenged through the referendum process because it went into effect immediately, involves a bond issuance, and relates to a set of specific contracts with Nebius — the company planning to break ground next month on a 2.1-million-square-foot hyperscale AI factory east of Little Blue Parkway at the intersection with Missouri 78.
Section 2 of the City Charter prohibits a citizen-initiated referendum on those grounds, according to Hatfield, but Whipple hopes Phillips interprets the charter in his favor.
Whipple said opponents continue to gather signatures and believe they will have enough by the 30-day deadline, which arrives next week. Plaintiffs have requested a stay of the 300-day requirements, though that might be a moot point.
Phillips allowed an injunction to remain in place until her ruling, but the signature-gathering won’t matter if she says the ordinance isn't subject to referendum.
Gonzalez, who is a leader of the Stop the AI Data Center in Independence group on Facebook, wouldn’t say if they would appeal Phillips’ ruling if she sides with the city.
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