Trenton’s proposed data center moratorium hangs in balance as Ohio Supreme Court fight moves forward
An Ohio Supreme Court case is moving forward to decide if Trenton residents have the right to force a vote on a data center moratorium. The city denied the residents' petition, citing insufficient signatures, while petitioners argue state law requires fewer. The court's decision will have significant implications for direct democracy in local data center development across Ohio.
The Ohio Supreme Court is currently reviewing a legal challenge from Trenton residents who are seeking to compel the city to allow a vote on a proposed data center moratorium. Residents had submitted a petition to amend the city charter with a moratorium on new data center projects exceeding 25 megawatts, but the Trenton City Council denied it. The denial was based on the city's assertion that petitioners failed to gather the required 820 signatures, representing 10% of all registered voters in Trenton.
Conversely, the petitioners argue that, according to a 1996 Supreme Court ruling (Huebner v. West Jefferson Village Council) and guidance from the Ohio Secretary of State's office, only 128 signatures (10% of those who voted in the last municipal election) were necessary. They contend that the city's charter, if interpreted to require more signatures, is overridden by the Ohio Constitution, which grants residents the power to amend their own charter, and thus their 336 signatures were sufficient.
Former Ohio Attorney General Marc Dann has also filed on behalf of the petitioners, expressing concern about a trend of local governments denying citizens input on data center locations. He emphasized the importance of upholding constitutional rights of referendum and initiative, stating that the court's decision will have broad implications for direct democracy concerning data center development across Ohio. Developer Prologis has a data center project in the area, which would be impacted by such a moratorium.