Petition Seeks to Overturn Statesboro’s Approval of Rezoning Application
A nonprofit organization and property owners have filed a lawsuit against the City of Statesboro and 4 AM Development, LLC, seeking to overturn the city's approval of a rezoning application for a 99-megawatt data center. Petitioners allege the city's decision violated local ordinances, state law, and constitutional protections, arguing the project contradicts the city's own development code and comprehensive plan.
A nonprofit organization, Coastal Community United, along with eleven property owners, has filed a lawsuit against the City of Statesboro and developer 4 AM Development, LLC. The petitioners seek to overturn the city's decision to rezone a 26.49-acre property at 6539 Burkhalter Road from R-4 residential to O office/business zoning, which was approved for a proposed 99-megawatt data center campus. The Petition for Review/Appeal and Request for Declaratory Judgment was filed in Bulloch County Superior Court.
The petitioners contend that the City Council's rezoning decision violated city ordinances, state law, and constitutional protections. A key argument involves a city ordinance adopted shortly before 4 AM Development submitted its application, which amended the Unified Development Code to allow data centers in O zoning but prohibited "hyperscale" facilities. The lawsuit cites comments from Statesboro Director of Planning and Development Justin Williams, suggesting the 99-megawatt project, on the cusp of a hyperscale definition, was approved despite the ordinance's intent to exclude such large facilities.
Furthermore, the complaint emphasizes the property's previous R-4 residential zoning, arguing that the city's 2024 Comprehensive Plan and housing study indicated a need for multifamily housing, not industrial development in that area. The petitioners also allege that the City of Statesboro failed to conduct necessary studies on potential impacts related to hazardous materials, the environment, traffic, groundwater, wetlands, the power grid, cooling systems, and fire safety, instead relying solely on information provided by the developer.
The lawsuit asks the superior court to declare the city's actions unlawful, order a reconsideration of the application, invalidate the rezoning decision, and potentially invalidate the city's Data Center Ordinance. Petitioners, including those living in close proximity to the proposed development, claim they will suffer "permanent, irreparable injury" from reduced property values, noise, traffic, and environmental impacts if the decision stands.