Court rules for Independence Nebius data center project

Jackson County Circuit Court Judge Jennifer Phillips denied the request for declaratory judgment and quashed a previous order granting temporary injunctive relief. The ruling rejected a lawsuit that sought to put tax incentives for the Nebius data center project to a public vote. The lawsuit was filed by Rachel Gonzalez, Kharma Magers and Misty Vaughn after City Clerk Susanne Holland refused to certify their petition. They hoped to put the proposal before Independence voters in August. Phillips determined that the ordinance went into effect immediately and is not subject to a referendum by the plain language of the City Charter. The judge heard arguments in the case Monday and issued the decision Wednesday. The city council had approved the industrial revenue bonds in a 5-2 vote to finance the construction. The court sided with the city on exceptions to the referendum clause for specific contracts and bond issuances. The city shared a statement after the ruling. It said the decision reinforces the balance built into the City Charter, allowing the city to carry out specific projects while protecting residents' ability to challenge certain types of ordinances.