Residents of Emporia voted Tuesday to approve a 10-year ban on high-impact data centers and type 2 and 3 battery energy storage systems; however, the City of Emporia says the matter is not at an end just yet.
After thanking local voters who “helped shape this community decision,” a news release posted to the city’s official Facebook page stated, “The legal process remains ongoing. The court must still determine whether measures are legal under Kansas law. The election results do not resolve that question.”
The release was referring to the ongoing legal case, which is awaiting a final ruling from Senior Judge Glen Braun as to whether or not the petition that triggered the ballot questions is legislative or administrative in nature. The prevailing theory has been that should the petition be deemed administrative, it would make the petition and therefore the ballot question itself invalid.
There is no word at this time as to when Braun will issue a decision on the matter; however, it was Braun who ordered the question be placed on the general election ballot back in August.
