Lee County attorney issues cease-and-desist on data center project
The Lee County Attorney's Office has issued a cease-and-desist order to developer Dustin Wolgemuth, temporarily blocking earnest construction on a proposed data center project in Fort Madison. The county attorney argues the project falls under a county-wide moratorium enacted in June, despite earlier assurances it would not be impacted. The matter will be discussed at an upcoming Lee County Supervisor meeting.
The Lee County Attorney's Office, under Ross Braden, has issued a cease-and-desist order to developer Dustin Wolgemuth, aiming to halt construction of a proposed data center in Fort Madison, Iowa. Braden's action, sent by email and certified mail, asserts that the project falls under a one-year county moratorium passed in June, which bans future data center development and other "high density" projects.
Initially, county supervisors believed the Fort Madison project would not be affected as it had already begun. However, Braden, supported by former Fort Madison Mayor Brad Randolph's legal citations, argues that Wolgemuth's site preparation does not constitute vested construction, particularly because no permits were required or applied for due to the county's lack of zoning regulations. The cease-and-desist prohibits earnest construction, though site preparation may continue.
Randolph's arguments, citing Iowa Supreme Court opinions, underscore that preliminary site work does not establish a vested right to complete a project. The legal challenge will be a key agenda item for an expedited review by the Lee County Board of Supervisors at their upcoming meeting, which has been relocated to accommodate a larger audience.