Barber County, Kan. – A local resident has taken legal action against Google and the Barber County Board of County Commissioners, alleging that the county failed to follow required zoning protocols before approving Project Helium, a planned 1.7‑million‑square‑foot hyperscale data center.
Background on the project
Google intends to build a massive data center in Barber County that would house thousands of computer servers. The facility is designed to be air‑cooled, and construction is slated to begin in early 2027. The project promises significant economic activity, but it also raises concerns for nearby landowners about land use, traffic, and environmental impact.
Plaintiff’s claims
Herb Landwehr, whose mother owns property adjacent to the proposed site, says the county’s actions left his family and the broader Sharon community without representation. “From the very beginning of this, the people in the Sharon community, we were not represented at all by our county commission at all,” Landwehr told reporters.
Landwehr’s son, also named Herb, explained that while the lawsuit may not halt construction, it seeks to secure protections for the community moving forward. “Her goal was to at least get some kind of parameter around this so the people around here have some protection moving forward,” he said.
Legal arguments
Attorney Quinn Hughes of Adams Jones Law Firm argues that the Board of County Commissioners lacked authority to enter the contract with Google and effectively created a zoning regulation through that contract without following proper procedure. “They executed a contract that affects my client and that they had no authority to enter that contract. And we are also arguing that they effectively created a zoning regulation through this contract and did not follow proper procedure,” Hughes said.
Hughes also noted that the county and the state attorney general may need to intervene, as the plaintiff’s counsel believes a private citizen cannot bring the suit alone. “Their primary contention is that it is the attorney general or district attorney that needs to bring this lawsuit and not a private citizen,” Hughes explained.
County response
County officials have responded to the lawsuit, though specific statements were not disclosed in the filing. The Board maintains that it acted within its authority to approve the project, emphasizing the anticipated job creation and tax revenue that the data center would bring to the region.
Potential impact
The lawsuit underscores the tension between large‑scale technology investments and local land‑use concerns. If successful, the case could set a precedent for how Kansas counties handle zoning for future hyperscale facilities, ensuring that community input is formally incorporated into the approval process.
Landwehr expressed hope that the legal challenge will protect other Kansas communities from similar situations. “I don’t want this to happen to another community. It’s awful. You know, we did not ask for this,” he said.
What’s next?
The case will proceed through the Kansas court system, where a judge will determine whether the county’s zoning actions were lawful. In the meantime, Google continues to move forward with site preparation, anticipating a groundbreaking ceremony later in 2027.
Original reporting: KWCH 12 (Gray) – local — read the source article.
