Loudoun County data center rule change could carry costly legal risks
The Loudoun County Board of Supervisors considered changing grandfathering rules for certain data center projects, but no action was approved or denied. The county attorney warned that ending the protections could expose the county to roughly $60 million in litigation costs, and the board tabled both the proposal and a possible outside review of projects.
The Loudoun County Board of Supervisors reviewed potential changes to how data center projects receive approval, including whether to end grandfathering protections that allow some projects meeting county requirements to be approved by staff without a board vote. County Attorney's Office officials warned that eliminating those protections could lead to approximately $60 million in litigation costs.
Supervisors also debated hiring an outside consultant or auditor to evaluate data center projects individually. Supporters said an independent review could improve transparency and address residents' concerns about health, safety, quality of life and property values, while opponents argued that existing county staff, the Planning Commission and county attorney are better equipped to interpret the county's zoning rules. The board chairwoman tabled both matters, and no decision was made.