Small victory for plaintiffs suing to stop data center in Oxmoor Valley
A lawsuit challenging data center construction in Birmingham's Oxmoor Valley is proceeding with a new judge. Residents Robert Samson and John Hilly are suing Nebius, FOR Construction, and the City of Birmingham over alleged illegal construction and disturbances like noise, dust, and vibrations. A judge has issued orders restricting construction start times, and testimony on a temporary injunction to halt work entirely is set to begin.
A lawsuit challenging the construction of a data center in the Oxmoor Valley area of Birmingham, Alabama, is moving forward under a new judge after the previous magistrate recused herself. Residents Robert Samson and John Hilly are suing Nebius, FOR Construction, the City of Birmingham, and Lakeshore Data Center, alleging that the ongoing construction is illegal and causes significant noise, dust, and vibrations from 7 A.M. to 7 P.M., preventing them from enjoying their homes.
Earlier in the week, Judge Javon Clayton issued an order preventing work from starting before 8 A.M. The plaintiffs later sought to hold the defendants in contempt, claiming work crews did not abide by this order. While the judge did not find the defendants in contempt, she issued a new order preventing work on Saturdays before 9 A.M. to provide some relief to homeowners.
The plaintiffs are also seeking a temporary injunction to halt all construction until the judge makes a final ruling on the case. The defendants attempted to have this request dismissed, but the judge ruled against their motion, paving the way for testimony on the injunction to commence on Tuesday. The defense attorney estimated that a bond for such an injunction could amount to tens of millions of dollars, based on a daily loss of approximately half a million dollars.