Markley Lowell, city dismiss data center moratorium lawsuit
Markley Lowell LLC and Tanner Street Investco LLC filed a lawsuit against the city of Lowell, challenging the applicability of a new data center moratorium to their submitted plans. The companies argued their "Approval Not Required" (ANR) plans, submitted before the moratorium was enacted, were deemed approved by statute. The lawsuit has since been dismissed by joint stipulation between Markley Lowell and the city.
Markley Lowell LLC and Tanner Street Investco LLC, a company owned by Markley CEO Jeff Markley, filed a lawsuit against the city of Lowell, Massachusetts, contesting the city's recently enacted 360-day moratorium on new and expanded data centers. The plaintiffs claimed their Approval Not Required (ANR) plans, submitted to the Lowell Planning Board on March 2, 2026, were not subject to the moratorium, which the City Council passed on March 10.
The complaint, filed in Middlesex North Land Court on April 13, argued that the Planning Board's failure to act on the ANR plans within 21 days, as required by Massachusetts General Laws, meant the plans were legally deemed approved. The companies sought a court order to compel the City Clerk, Michael Geary, to issue the necessary certifications for continued development at Markley's existing facility in the Sacred Heart neighborhood and in the Ayer's City industrial zone.
However, according to Jeff Markley, Markley Lowell and the city have since agreed to dismiss the lawsuit "by joint stipulation." Markley clarified that the legal action was an administrative step required to formalize the de facto approval of their ANR plans, which were considered approved because the city did not reject them within the statutory timeframe.
Markley Group, which operates the data center in Lowell and a large fiber data hub in Boston, has been actively acquiring properties in the Lowell area, including the former Tanner Street Generating Station site. While development plans for the acquired sites have not been disclosed, the company's actions suggest ongoing expansion interest.