TOPEKA — The city of Leavenworth has not given up its fight to force CoreCivic to follow development processes before reopening its prison facility as an ICE detention center.
The city refiled in Leavenworth District court this week after losing its case in U.S. District Court last week. Leavenworth officials asked for an injunction that would stop CoreCivic from housing detainees until the court could decide whether the private prison company must obtain a special use permit.
A hearing on the request is set for 9 a.m. June 4 in Leavenworth District Court, 601 S. 3rd Street.
CORECIVIC operated the Leavenworth Detention Facility until 2021 and has signed a contract with Immigrations and Customs Enforcement to reopen the prison as the Midwest Regional Reception Center.
However, city of Leavenworth officials said CoreCivic must apply for a special use permit before it can reopen.
City manager Scott Peterson said in an email the city refiled in state court because it was “following the logic” of Judge Toby Crouse, whose ruling dismissed the case because he was not convinced it should be heard in federal court.
AT A CITY council meeting Tuesday, several people stood up to thank city officials for fighting to keep the prison from reopening. Mike Trapp, a former Columbia, Missouri, city councilman, noted how important it was for CoreCivic to follow development regulations.
“Land-use decisions are the fundamental core government response,” he said. “You function as the board of directors for the city, you pass the laws, but the biggest thing you do is deal with zoning and platting issues, and land-use as the most fundamental and core function of government. And to see that challenged is unfortunate.”
Peterson said the case has never been about politics, as CoreCivic’s lawyer claimed during the U.S. District Court case.
“The city commission, composed of a healthy mixture of liberals and conservatives alike, chose unanimously to file this suit to protect the city of Leavenworth’s power to govern development within its jurisdiction,” he said. “All that the city of Leavenworth has ever asked of CoreCivic in this matter is to go through the Special Use Permit process, as outlined by the Leavenworth Development Regulations.”
CORECIVIC had agreed that it would not allow any detainees in the facility until June 1 while the case was in court. Peterson said the city hopes that remains true.
“We also hope that CoreCivic will act upon their vocal commitment to be good partners with the city of Leavenworth by not proceeding with any use of the Midwest Regional Reception Center until such time that this matter has been resolved,” he said.
Ryan Gustin, CoreCivic spokesman, would not answer questions about when the company would begin accepting detainees after last week’s win.
