Lex Developments files reconsideration request, accuses Pocatello of due process violations
Lex Developments has filed a formal request for reconsideration after the Pocatello City Council upheld the denial of a conditional use permit for a large-scale AI data center. The developer alleges due process violations during the July 16 hearing and threatens judicial review if the request is denied. The City Council now has 60 days to issue a final written decision.
Lex Developments LLC, led by Gus Schultz, has filed a formal request for reconsideration with the Pocatello City Council, challenging its July 16 decision to uphold the denial of a conditional use permit for a large-scale AI data center. The proposed data center is intended for the former Hoku polysilicon plant site at 1800 River Park Way, an industrially zoned area.
The 14-page request, submitted through attorney Jon Stenquist, argues that the July 16 hearing was procedurally defective on five independent grounds, rendering the council's decision "arbitrary, capricious, procedurally defective and unsupported by the record." Stenquist filed the request as an administrative remedy, noting that Lex Developments reserves all rights to seek judicial review, with Schultz having previously stated a lawsuit is "absolutely, 100 percent" coming. The City Council has 60 days to issue a final written decision on the reconsideration request.