An injunction hearing is planned for 8:30 am Thursday in the city of Emporia’s request for a declaratory judgment on a petition looking to end any effort towards a data center for the next decade.
The case, LY-2026-CV-119, is officially filed by the City of Emporia against Emporia Neighbors United founder Jay Vehige, the first signer of the petition that went before the City Commission on Aug 5. The declaratory judgment request says the goal of this petition is not to gain “affirmative relief” against Vehige, but it is designed to determine the city’s obligations under Kansas state law KSA 12-3013. At issue is whether the Emporia Neighbors United petition is legislative in nature, in which the city says it can go forward to aa possible public vote, or administrative, meaning it will likely be invalidated.
Vehige’s legal firm, Adams Jones Law Firm of Wichita, says a temporary restraining order, approved by District Court Judge Jeff Larson on Aug 10 and designed to pause any action by the city on the data center petition for 2 weeks, didn’t meet legal standards on the potential “legal injury” to the city and it says the city is not entitled to any injunctive relief in this case. On top of that, Adams Jones says the city’s proposed injunction is broader than necessary and concludes the city has to put the data center petition on an election ballot at some time.
The paperwork currently online at the Kansas Courts Online Portal makes no mention of the city’s request to have one ruling involving both the data center and battery energy storage system petitions offered by Emporia Neighbors United.
Kansas Senior Judge Glenn Braun has been assigned to the case by the Kansas Supreme Court.
