On August 4, the City of Edgerton entered Johnson County District Court seeking a declaratory judgment that would invalidate a petition circulated by local residents and a nonprofit watchdog. The petition proposes an ordinance that would label data centers as “industrial nuisances,” citing alleged threats to public health, welfare, and local infrastructure.
Legal basis for the city’s action
City Attorney Todd Luckman explained that the proposed ordinance functions as a zoning restriction, which under Kansas law is an administrative matter rather than a legislative one. Because of that classification, the city argues the petition process does not apply, and the matter should be decided through the normal zoning and planning channels.
Luckman added that the lawsuit does not aim to silence anyone. Instead, the city is asking the court to temporarily pause the election process required by state law while the court determines whether the ordinance can legally proceed to a vote.
Petitioners’ response
Kimberly Twente, founder of the newly incorporated nonprofit group Public Trust Collective Inc., and Carrie Schmidt, a longtime civic activist, say the lawsuit is an attempt to intimidate and silence lawful petitioning. Twente told the Johnson County Post that suing citizens over a petition “feels like an attack on First Amendment rights.” Schmidt echoed that sentiment, describing the city’s request for costs and interest as a retaliation tactic.
The petition gathered 208 signatures, all of which were verified by the Johnson County Election Office and found to meet statutory requirements by the county’s legal department. Despite that validation, the Edgerton City Council voted on July 23 to reject the petition, citing inaccurate statements and claims that the council had never made.
Potential broader impact
Twente warned that the case could set a precedent for how municipalities respond to citizen opposition to data center projects. “What happens with this lawsuit can set a precedent for any other data center disagreement going forward,” she said.
The city’s lawsuit does not seek monetary damages, attorney’s fees, or other financial compensation. Any court costs would likely be borne by the parties themselves.
Next steps
Public Trust Collective, Twente, and Schmidt have 21 days to respond to the complaint and are exploring legal representation. Hearings on the city’s request for a temporary restraining order and a declaratory judgment are pending, with no court dates set at this time.
The dispute centers on a proposed Dubai‑based DAMAC Digital data center at the Logistics Park Kansas City warehouse (31800 W. 196th St.). Residents and the watchdog group argue the facility could strain utilities and affect community welfare, while the city maintains the petition’s procedural deficiencies justify judicial intervention.
Original reporting: Johnson County Post (Overland Park) — read the source article.
