Burkhalter Road data center property owners ask court to dismiss citizens' zoning challenge
4AM Development LLC asked Bulloch County Superior Court to dismiss a zoning challenge filed by Coastal Communities United and 11 Statesboro-area citizens against the company’s proposed data center. Statesboro City Council approved rezoning the Burkhalter Road site, but the city has paused processing the project’s special-use permit while the lawsuit proceeds.
4AM Development LLC has asked Bulloch County Superior Court to dismiss a lawsuit challenging Statesboro City Council’s approval of rezoning for a proposed data center on nearly 27 acres along Burkhalter Road. The company’s attorney, William J. Keogh III, argues that Coastal Communities United and 11 individual residents lack standing and failed to provide the city with adequate notice of their constitutional claims.
The challenge seeks to overturn the council’s Aug. 18 rezoning decision, which passed 3-2 with Mayor Jonathan McCollar casting the tiebreaking vote. Opponents cite potential air and light pollution, noise, vibration, and water and electricity use, while alleging spot zoning and an unconstitutional taking of property value. City Attorney Cain Smith said Statesboro must file its own response and that all action on the project’s special-use permit is being held until the litigation is resolved.