NJ town bans data centers, but the legal battle is only beginning

Pennsylvania-based National Land Developers has filed a lawsuit against Andover Township, New Jersey, challenging the township's recent unanimous vote to ban data centers. The lawsuit, filed July 10 in Sussex County Superior Court, seeks to invalidate the "arbitrary" ordinance passed in mid-May, which repealed previous zoning amendments that would have allowed data centers at the former Newton airport site. The township had initially amended its Route 206 Redevelopment Plan to permit data centers in September and even voted to increase height limits in April despite vocal community opposition.

However, escalating public outcry from activist groups like the Sussex Visibility Brigade and Climate Revolution NJ, fueled by concerns over high electricity and water usage, led the Andover Township Committee to reverse course. Just five days after introducing an ordinance to create additional standards for data centers, the committee held a special meeting and voted to introduce a complete ban. Andover officials stated they intend to "vigorously defend" the allegations, asserting the ban was a valid exercise of their authority, and noted that the lawsuit does not grant the property owner any additional rights as the prohibition remains in effect. The Sussex County Democratic Committee criticized the elected Republican officials for the legal vulnerability caused by the last-minute ban.