EDGERTON, Kan. — Three Kansas cities have taken their own residents to court over citizen petitions that would ban or restrict large data centers. The cities are Edgerton, Emporia and El Dorado, Newsweek reported.
It is an unusual twist. In most data center fights, residents sue to stop a project. In Kansas, city governments are suing to stop the residents’ petitions.
What happened in Edgerton
On July 15, resident Schmidt filed a petition with the Edgerton city clerk. It proposed an ordinance that would bar “high-impact” data centers, prevent industrial nuisances, protect residents’ property and preserve the city’s water and utility capacity. Voters would have to approve it in an election.
The petition came after dozens of neighbors objected to a proposal by DAMAC Digital Solutions Kansas, a company based in Dubai. It wants to convert an existing building in Edgerton’s Logistics Park, an industrial area next to a BNSF railroad facility, into a large data center. At a July 9 council meeting, residents raised concerns about water use, environmental effects and the company’s foreign ties.
In August, the city sued Schmidt, a second resident, and a nonprofit they formed to pay legal fees. The city’s lawsuit says the petition is “void and invalid” and that it was administrative in nature, which Kansas law does not allow residents to change by petition. It also argues the petition relies on facts that are untrue, according to KCTV.
- Water: The city says it does not provide water to the Logistics Park.
- Electricity: The city says it does not run an electric utility. Evergy supplies power to the area.
- Construction: The city says it has not received an application to build a data center there.
- Zoning: In April 2025, a city official found data center use is consistent with the area’s zoning.
The residents’ attorney argues that Kansas law protects people who are sued for using their rights of speech and petition. The city has declined to comment, and no trial date had been set in the reports reviewed.
Other Kansas cities
Emporia filed its lawsuit on Aug. 9 after residents submitted roughly 700 signatures asking to prohibit data centers and certain battery storage systems. El Dorado has also gone to court. Kansas law lets residents propose local ordinances through petitions if they collect enough signatures.
In Osawatomie, resident Troy Harp helped draft a petition after learning about Project Catalyst, a proposed data center of more than 500 megawatts on 283 acres. His petition language has since been shared with residents in other towns.
Why data centers are controversial
According to Kansas Commerce, a 100-megawatt hyperscale data center could use about 530,000 gallons of water a day. Opposition is also growing in other states. Texas Gov. Greg Abbott, who promoted the state as an AI hub, is now calling for new restrictions, and an August poll found only 30% of Texans would support a data center in their community.
The buildout is driven by the boom in artificial intelligence spending, which Fed Chair Kevin Warsh recently called a “shock.” Read more in our report on Warsh’s AI warning.
What’s next
The Edgerton case is waiting on court proceedings, and the other two cities’ suits are moving separately. The outcome could decide how much power residents have to shape data center projects in their towns.
