Judge weighs challenge to Amazon's $4 billion Ohio data center

A federal legal challenge continues against Amazon's proposed $4 billion data center in Wilmington, Ohio. A group of homeowners living near the 472-acre site alleges the City of Wilmington improperly enacted zoning changes and ordinances last year to favor the project, without proper public notification or opportunity for input, violating Ohio's open meetings law.

During an evidentiary hearing in Cincinnati, attorneys for the city disputed these claims, arguing the changes were in the public interest for safety and economic development, not solely to benefit Amazon. Wilmington's Public Service Director Michael Crowe and Deputy Director Samantha Ison testified they signed non-disclosure agreements with Amazon months before the project, codenamed "Apollo," was publicly known. Amazon's attorneys defended NDAs as protecting trade secrets and argued the homeowners are seeking "death by process" through litigation.

Federal Judge Jeffrey P. Hopkins, who is weighing a preliminary injunction, expressed skepticism regarding the argument to dismiss the case and the potential delay an injunction could cause. He suggested the city could simply repeal and redo the zoning changes and ordinances. While Amazon attorneys were not opposed to this, they argued against an injunction, stating the company aims to begin site grading by September to meet its four-year timeline. Arguments resumed Wednesday, with Judge Hopkins considering the injunction and the case's continuation. Separately, a grassroots group of Wilmington residents is working to place comprehensive data center regulations on the November ballot.