New Hearing set in Birmingham AI Data Center Lawsuit Following Judge’s Recusal

New Hearing set in Birmingham AI Data Center Lawsuit Following Judge’s Recusal

News ClipThe Birmingham Times·Birmingham, Jefferson County, AL·7/7/2026

A new Jefferson County judge is set to hear arguments in a lawsuit challenging a proposed AI data center in Birmingham after the previous judge recused herself. Plaintiffs are pushing to complete a preliminary injunction hearing to halt construction, arguing that restarting the trial would cause further delays and harm. The lawsuit targets several companies involved in the data center project and the City of Birmingham, citing illegal construction and noise disruptions.

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Gov: Jefferson County, City of Birmingham, Birmingham Zoning Board of Adjustment, Jefferson County Circuit Court

A newly assigned Jefferson County Circuit Judge, Javan Patton Crayton, will preside over arguments on whether a lawsuit challenging a proposed AI data center in Birmingham can resume where it left off. The previous judge, Circuit Judge Tamara Harris Johnson, recused herself, forcing the three-day trial to effectively restart.

Plaintiffs Robert B. Sansome and John Benjamin Hilley filed an emergency motion to complete the preliminary injunction hearing, asserting that two days of testimony had already been heard and their case was presented before Johnson's recusal. They argue that restarting the proceedings would cause unnecessary delays in deciding on the injunction, exacerbating the alleged harm as construction continues at the project site. Johnson recused herself after attorneys for Nebius requested it, citing her prior professional relationships with the plaintiffs' attorney and as Birmingham city attorney, though she maintained impartiality.

Defendants in the lawsuit include Hoar Construction LLC, Lakeshore Data Center LLC, Nebius Inc., Nebius Group N.V., Alabama ADC Holdings LLC, the City of Birmingham, and the city's Zoning Board of Adjustment. Oxmoor Valley residents, the plaintiffs, contend the AI data center is being built illegally on property not authorized for such a facility, causing noise disruptions. Judge Johnson had previously denied a defense request to combine this case with a separate class-action lawsuit.