September 01, 2026
by Jennifer Williams
Yesterday, Barber County Kansas commissioners voted 2-0 to finalize an agreement with Google for a 1.7 million square foot planned hyper scale data center project, despite pushback from neighboring residents in Sharon, KS and a community meeting in Medicine Lodge pointing out the dangers to those who will be affected by the project.
This situation only continues to expose how Kansas property owners are not protected from inappropriate and incompatible developments, as seen with the data center battles across the state this year- where residents are being sued by cities, ignored by the local councils and commissions, and are resorting to ballot initiatives in order to be heard. Sadly there are no ballot initiative options at the county level, as Leavenworth and Barber County residents have learned.
In the case of Barber County, two people… only two people… get to decide the fate of residents who will be harmed by this project.
Cities and counties are weaponizing the law against the people in favor of the developers, leaving those harmed by the decision with no way to protect themselves.
An entire zoning process that all Kansas cities and counties must follow for rezoning or special use permits is based on a Kansas Supreme Court case that brought about the “Golden criteria” and its purpose is to make sure those surrounding the proposed projects are not harmed, that projects fit the character of the area, and that they are reasonable and appropriate developments for the community.
The Golden case was about whether an office building was appropriate in the middle of Overland Park by some homes; yet, somehow, almost 50 years later, they’re stealing water rights and mineral rights, destroying our farmland with windmills and solar panels and warehouses and data centers and battery storage – right by homes – in the name of “economic development.”
Barber County does not even have zoning ordinances, so the Golden Criteria were not presented and KSA 12–757 requiring a public hearing with the people, a vote of a separate planning commission, and a vote of the commissioners -to put the decision in multiple hands – did not even have to be honored because this is being built directly on agriculture land with no rezoning required!
These loopholes and workarounds are being used against residents across the state. They are being justified with concepts like “home rule” authority, existing statutes, or even a few new statutes pushed through during this past legislative session in order to pave the way for data center developments, while tying the hands of the people.
However, the Supreme law of the United States has the ultimate power. The 14th amendment of the Constitution of the United States guarantees representation and DUE PROCESS and equal protection of the law.
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Kansas statutes forbid appeals in district court on matters they have decided to define as “legislative” authority. This does not give “equal protection of the law,” but instead deprives the people’s voice, their property rights, and their recourse!
Two people made this decision, and they claim no one can appeal it.
However, an aggrieved party can file an independent equity action, such as an injunction, for a court to decide if the board‘s actions were illegal, fraudulent, or an abuse of discretion amounting to oppressive conduct.
K.S.A. 19-212 lists the powers of county commissioners.
The eleventh point states:
“Eleventh. To contract for the protection and promotion of the public health and welfare.”
The abuse of discretion amounting to oppressive conduct in this decision of only two people does not sound like contracting for the protection and promotion of the public health and welfare, but actually appears to be in complete opposition to this duty.
When the commissioners are ignoring the public health and welfare of the Sharon residents or anyone in the path of the waterline from Medicine Lodge to the project site, the lack of adequate services and police and fire protection for the influx of workers, and the potential abuse of mineral rights from the wells on the property that connect to the wells of others – this appears to be strong evidence of abuse of discretion amounting to oppressive conduct of everyone affected by this decision.
The citizens of Sharon are still in Barber County, and these commissioners owe them a duty!
All jurisdictions affected should have a representative vote on the matter – every time!
No vote this big should be in the hands of only two people, who do not have to suffer the consequences of their decision.