Proposed Tyler cryptocurrency mining center denied again
A proposed cryptocurrency mining data center in Tyler, Texas, faced a setback after the Tyler Zoning Board of Adjustment rejected an appeal from developer Barrio Resources LLC due to a missed deadline. The board ruled it lacked jurisdiction to hear the appeal, which challenged a June 2025 zoning decision requiring a special use permit. Barrio Resources still has a separate, timely appeal on hold challenging the Planning and Zoning Commission’s July denial of its special use permit, which could send the decision to the Tyler City Council.
The Tyler Zoning Board of Adjustment unanimously voted to decline jurisdiction over an appeal filed by Barrio Resources LLC, the developer behind a proposed cryptocurrency mining data center in downtown Tyler, Texas. The board's decision, made on Thursday, cited a missed deadline for the appeal, which was filed 364 days after the required 20-day window under Texas state law, or 30 days under Tyler's Unified Development Code. The appeal aimed to challenge a June 2025 zoning classification that mandated a special use permit for the facility at 1101 and 1105 West Erwin Street.
Despite this procedural setback, the project is not entirely halted. Barrio Resources retains other legal avenues, including a 10-day window to appeal the Zoning Board's jurisdictional decision to state courts. Crucially, the developer also has a separate, timely appeal pending that challenges the Planning and Zoning Commission’s July denial of its special use permit. This latter appeal, if pursued, would elevate the final decision to the Tyler City Council.
Barrio Resources' attorney, Jason Mozingo, argued that only the board itself, not city staff, had the authority to dismiss the case based on the filing delay. He contended that the developer received conflicting guidance from the city, referencing a July 2025 email from a planning technician stating that a special permit would not be required. However, Planning and Zoning Director Kyle Kingma countered these claims, asserting he had directly informed the project representative of the permit requirement in June 2025 and that unlisted use determinations are solely the Planning Director's responsibility. City Attorney Steve Kean reinforced that the board was legally bound by state law regarding the appeal deadline, leaving no room for discretion. Local residents attending the hearing expressed relief at the board's decision, emphasizing adherence to statutory guidelines.