Judge hits pause on hearings in lawsuit challenging Oxmoor Valley data center

A lawsuit challenging the construction of a hyperscale data center in Birmingham's Oxmoor Valley neighborhood, developed by Nebius, will proceed directly to a hearing on whether to permanently stop the project. Jefferson County Circuit Court Judge Javan Patton Crayton granted a request by Mark Parnell, an attorney for two residents, to bypass a decision on a temporary injunction and instead address the project's permanent cessation. Parnell argued that the court already has sufficient information to determine if the city of Birmingham illegally issued permits to Nebius and Hoar Construction.

Defense attorneys, including Amaobi Enyinnia for the city of Birmingham, objected to the expedited timeline, stating it would be fundamentally unfair to move to a trial on the merits without adequate time for discovery and to develop their defenses. However, after an hour-long recess, Judge Crayton agreed to the residents' request, setting the next hearing for March 8. Charles Prueter, a lawyer for Nebius, indicated the schedule was a compromise between both sides.

Residents Robert and Gail Sansome, who live near the 80-acre site, filed the lawsuit claiming the project is illegal because "data center" was not explicitly listed as a land use in the city's zoning ordinance when permits were granted. They also express concerns about noise and pollution. While the city amended its zoning ordinance in June to include data centers, the Nebius facility's permits predate these new rules, and Parnell alleges the amendments themselves are invalid due to improper procedures. Construction on the project, slated for completion in 2028, began early this year and is progressing rapidly.