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AG joins battle against Sand Springs data center

By Burt Mummolo, FOX23 News

So far, folks in Sand Springs fighting the Project Spring data center have been in a David-versus-Goliath battle, speaking out at meetings, gathering signatures for a recall attempt, and even filing a lawsuit. Valiant efforts, but still basically flying solo. But yesterday, David got a Goliath of his own.

“Attorney General Gentner Drummond filed to intervene on our annexation case,” said community activist Kyle Schmidt.

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Comes now the Attorney General, “to intervene in this matter to protect the interests of Oklahoma citizens.”

What does having the Attorney General on your side do for you guys? “Well, it takes a kick in the legs out from under the city with their argument that we don’t have standing,” said Schmidt.

From the beginning, the lawsuit has challenged the method that the city annexed the property to be used for the data center, basically using a thin, long strip of land, a topic the Supreme Court has already ruled on in another case, he says.

“The Supreme Court said you cannot use narrow strips of land in order to join an outlying piece of property just for the purpose of contiguity, and that’s exactly what the city did here,” said Schmidt.

We reached out to the city manager, who told us, “Our legal department is reviewing the request to intervene. We do not think that it changes in any way the facts of the case. We look forward to the Court bringing a resolution to this case.” -City Manager Mike Carter

“It’s interesting that they double down every single time when the letter of the law is so crystal clear,” said Schmidt.

Residents have already spent a hundred thousand dollars on the lawsuit and are hoping the AG’s presence will finally get the city to capitulate.

“If they had any hope of saving face, any hope of a mea culpa to the citizens of Sand Springs, they’d see the writing on the wall now and just drop it, reverse it on their own, and let everybody go back to their peaceful quiet lives before they decided to destroy it all,” he said.

The AG’s office released the following statement: “The Attorney General is stepping in because this case matters to the public. Cities don’t have an automatic right to annex land. That power comes from the state, and the Attorney General has a duty to make sure it’s used lawfully. Annexing land just to create a connection to another property, with no real benefit to the city itself, is not a proper use of that power.”

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