As if Emporia’s data center debate needed any more controversy.
With the general election essentially a month away, Emporians for Progress spokesman Casey Woods says the ordinance language behind the petitions hoping to ban data centers and battery energy storage systems don’t reference city Planning and Zoning regulations currently on the books. The petitions reference Article 15, but Planning and Zoning code uses Sections instead of Articles and only goes up to Section 12.
Emporia Neighbors United founder Jay Vehige sees things differently, although he admits there was a “drafting error” before the petition was turned in.
The original petition and ordinance were submitted July 14, according to City Manager Trey Cocking. It was certified by the Lyon County Clerk’s Office on July 21 and was passed by the Emporia City Commission on August 5. Cocking says Vehige tried to submit revised petitions August 7, but he tells KVOE News cities have no ability to alter what was originally submitted — meaning residents have to vote on the original package due to KSA 12-3013.
This is the second clerical or drafting error in this petition process for Emporia Neighbors United. The original petitions submitted were invalidated because petition circulators didn’t verify they witnessed petitions being signed. Vehige has told KVOE News that issue was due to a paperwork error in attaching circulator forms to signature petition forms.
Woods says Emporians for Progress sees this as one reason to oppose the ballot questions.
Vehige counters Woods’ assertions, saying his guidance indicates the Article 15 reference would not invalidate both petitions in their entirety.
Vehige also says he has spoken with City Attorney Christina Montgomery, who was out of the office last week and is currently unavailable for an interview.
Cocking sent a statement to KVOE News. saying the Article 15 reference will be one issue to be addressed by the court for effect and “enforceability.” He also says the city is not speculating how this will be addressed in court with that process a distinct possibility.
Woods sees potential lawsuits throughout the 10-year halt if the questions are approved.
The city has asked for rulings on whether the petitions are legislative or administrative in nature. Administrative rulings would likely invalidate the petitions — and, if the petitions are approved but Kansas Senior Judge Glenn Braun rules the petitions are administrative after the Nov. 3 general election, the vote results would be invalidated as well. Vehige believes Judge Braun will side with Emporia Neighbors United.
There is no date for when Judge Braun will rule on the nature of the 2 ballot questions.
This continues a busy time for news when it comes to data centers locally.
A lawsuit filed by Emporia City Commissioner Erren Harter against Recall Committee members Haley Bradford, Kathleen Lamb and Vehige — also including Lyon County Legal Counsel Molly Priest and County Clerk Amie Jones as defendants — ended Thursday with an “agreed upon order” that essentially says this version of a recall petition cannot move forward under any circumstances. Priest and the case paperwork say this does not stop future petitions seeking Harter’s recall cannot move forward. A grand jury determining whether Harter conducted misconduct in office will be empaneled Monday.
Meanwhile, Amanda Mendoza, Kenneth Bruner, Ann Bruner and the separate Bruner trusts have filed a lawsuit against the city of Emporia, alleging the zoning part of the Digital Infrastructure overlay was not properly handled. The lawsuit, LY-2026-CV-124, says the Emporia Planning Commission did not have either the jurisdiction or the authorization to review applications for zoning classifications that did not exist when applications were filed — meaning, according to the lawsuit, the city’s decision to approve the overlay was unlawful and the subsequent rezoning of 11 tracts of land was unauthorized and without proper jurisdiction.
On top of that, Vehige says Emporia Neighbors United will push to bring 2 more petitions to the ballot by early next year. One would change the form of city government from its current at-large City Commission structure to a 4-ward City Council system with one at-large position. The other would change the method of filling unexpired City Commission or City Council positions from appointment to public vote.
In separate news related to the Emporia data center project, the Flint Hills Digital Campus website is no longer public-facing. The website went public in early June as the data center project was announced. Project spokesman Garrett Nordstrom says flinthillsdigitalcampus.com was meant to be an informational site before rezoning and was meant to “dispel misconceptions.” Nordstrom says the website still exists but is internal now and is being shared with potential end users. Nordstrom says no end user has been selected for the proposed data center in west Emporia. He also says it would be unusual for a public website to document a private development project.
The data center ballot questions will be part of KVOE’s political interviews later this month ahead of the general election Nov. 3. Appearing at 10:06 am Oct. 20 will be Vehige and Edgar Esparza from Emporia Neighbors United, as well as Woods representing Emporians for Progress. Our remaining interview slate is as follows:
*Tuesday: Candidate Profile with Kansas House 13th District challenger Democrat Mark Remmert. Incumbent Republican Duane Droge did not confirm interest in a forum-style interview
*Thursday: Candidate Forum with Kansas House 60th District challenger Democrat Maddison Glover and incumbent Republican Mark Schreiber
*Oct 13: Candidate Forum with Kansas House 76th District nominees Democrat David Claridge and Republican Russel Stukey
Click here for the KVOE Voter Information Guide courtesy Community National Bank & Trust.
