Columbus mayor responds to Upatoi residents’ lawsuit against city over ordinance
Upatoi residents and the group Keep It Rural have filed a lawsuit against the city of Columbus, Georgia, over a technology overlay ordinance designed to allow a hyperscale data center in their neighborhood. Columbus Mayor Skip Henderson defended the city's process, stating the ordinance was adopted in strict compliance with Georgia law. The plaintiffs allege the ordinance's adoption violated constitutional and procedural due process.
Residents of Upatoi in northeast Muscogee County, Georgia, along with the group Keep It Rural, have initiated a lawsuit against the city of Columbus, challenging a recently adopted technology overlay ordinance. This ordinance is intended to facilitate the development of a hyperscale data center in their residential area. Attorney Jonathan Waters, representing the plaintiffs, argues that the city council's process for approving the ordinance was unconstitutional, citing eight violations including breaches of Georgia Zoning Procedures Law, the Columbus Unified Development Ordinance, the city charter, and due process guarantees under both U.S. and Georgia Constitutions. The lawsuit also alleges a violation of the Georgia Open Meetings Act and claims the decision was arbitrary due to a one-sided and procedurally tainted record.
Columbus Mayor Skip Henderson issued a statement Wednesday, asserting that the Technology Overlay Ordinance was adopted in "strict compliance with Georgia law." He refuted claims of a lack of due process, emphasizing that plaintiffs had ample opportunity to participate, including a public hearing and multiple council meetings for debate. Mayor Henderson also clarified that the "protective overlay" does not constitute an approval for any specific project's zoning application and expressed disappointment over the residents' decision to pursue litigation, promising the city would "vigorously defend" its actions. Councilor Chairmaine Crabb referred inquiries to the city attorney, declining further comment. The Columbus City Attorney, Clifton Fay, has not yet responded.