Kansas judge lets Edgerton data center petition proceed

Judge strikes city’s claims

Johnson County District Judge Stephanie Goodenow granted motions to strike Edgerton’s lawsuit against Kimberly Twente and Carrie Schmidt, who were involved in a petition seeking a public vote on a hyperscale data center.

The Johnson County Election Office had approved the petition. Edgerton argued that the proposed city ordinance attached to it was an administrative action rather than a legislative one, meaning the city could refuse to place it on the November ballot.

Goodenow classified the ordinance as legislative and ruled that the lawsuit violated protections under the Kansas Public Speech Protection Act. That law covers communications intended to encourage public participation in government proceedings and conduct protected by the right to petition government under the U.S. and Kansas constitutions.

The ruling removes Twente and Schmidt as defendants. Edgerton is responsible for their legal expenses, with the attorney-fee issue still to be resolved.

Why the ordinance was legislative

Goodenow evaluated the ordinance under four criteria used to distinguish legislative decisions from administrative actions. Those criteria examine whether a proposal creates new law or carries out existing law; addresses a broad public purpose or a limited part of an existing policy; requires specialized municipal or financial knowledge; and concerns a statewide matter delegated to local government.

The judge found that the proposed ordinance qualified as legislative under each criterion. That classification means it may be considered through the petition process rather than treated solely as an administrative city decision.

The decision allows the petition calling for voters to decide the data center question to proceed. The remaining court matter concerns the defendants’ attorney fees.