Jessup Councilman Proposes Joint Municipal Lawsuit Against Pennsylvania Over Data Center Zoning
Jessup Borough Councilman Curt Camoni has proposed that municipalities form a coalition to sue the state of Pennsylvania. The proposed lawsuit would challenge state laws regarding data center development, which Camoni argues are biased towards developers and lead to costly legal battles for local governments over zoning decisions and cumulative impacts. This initiative comes as Jessup and nearby boroughs face multiple developer lawsuits challenging local zoning rejections and conditions for data center projects.
Jessup Borough Councilman Curt Camoni has proposed that municipalities across Pennsylvania consider filing a joint lawsuit against the state, arguing that current state laws disproportionately favor data center developers in local zoning disputes. During a council meeting, Camoni stated that the existing system is "broken and it's rigged" against residents, forcing communities into continuous legal defense against developer lawsuits when they attempt to impose local zoning restrictions. He urged the borough's solicitor to reach out to neighboring communities in Lackawanna County to explore forming a coalition for this legal action, emphasizing the need for municipalities to "play offense" rather than merely reacting to developer challenges.
Camoni's proposal stems from Jessup Borough's own experiences, which currently faces two appeal lawsuits in Lackawanna County Court concerning data center proposals from a "parent-firm developer." Specifically, Breaker Street Associates is challenging Jessup's zoning rejection of an electrical substation in a residential area, while Sunnyside Road Associates is appealing the borough's decision to cap a data center building height at 50 feet, rather than the requested 70 feet. Neighboring boroughs like Archbald and Olyphant are also contending with pending developer lawsuits over numerous data center proposals.
The councilman expressed frustration that developers can submit incomplete applications and continually amend them without adhering to updated zoning regulations, effectively using the legal system to wear down municipalities. While acknowledging local state legislators have been supportive, Camoni believes municipalities are largely on their own against an "onslaught of data center proposals" and must collectively seek a fix to state law to address cumulative impacts and developer tactics. Council President Gregg Betti and Councilmen Ronald Kordish and Robert Martin expressed interest in exploring the idea further, recognizing the potential strength in numbers.