Archbald residents fighting data centers get win in court
A Lackawanna County judge ruled that Archbald residents have legal standing to challenge the borough's data center zoning ordinance. This decision denies a motion by developers to dismiss the residents' lawsuit, marking a significant procedural win for the opposition and allowing their challenge to proceed. The ordinance, adopted in November, created several data center overlay districts that conditionally allow data centers.
Archbald residents secured a legal victory when a Lackawanna County judge ruled they have standing to challenge the borough's data center zoning ordinance. Judge Mark Powell denied a motion by the developer of the Project Scott data center campus, which had argued residents lived too far from proposed sites to legally object.
This ruling, the second such decision in Lackawanna County, allows eight Archbald residents—including Phillip Sardo, Jack and Amy Swingle, and others—to proceed with their land use appeal filed in December. The appeal seeks to invalidate the data center zoning amendment, which was adopted by former borough council members on November 24, citing alleged procedural issues.
Attorneys representing Archbald I LLC (Project Scott and Project North), Green Mountain 6 LLC (Project Green Mountain), and Cornell Realty Management LLC, Wildcat Realty Holdings LLC, and Pine Hill Dream LLC (Wildcat Ridge Data Center Campus) had intervened to defend the ordinance. The Valley View School District and Lackawanna County Housing Authority also filed motions to intervene on the side of the residents, with a hearing on their standing scheduled for September 3.
Judge Powell cited that Pennsylvania law does not impose rigid geographical limitations for standing, noting residents live between 1,600 and 5,200 feet from the data center overlay districts. He also referenced concerns about noise, specifically that the ordinance exempts data center backup generators from noise limits during emergencies and routine maintenance, an exemption Archbald's own noise expert found lacked scientific basis. Attorney Justin Richards, representing the residents, expressed gratitude for the ruling and eagerness to proceed with the challenge.