Judge places work restrictions on Birmingham AI factory
A lawsuit has been filed by the Greater Birmingham Humane Society and local homeowners against the City of Birmingham and Nebius, the developer of a proposed AI factory/data center. The lawsuit questions the project's compliance with state law and zoning ordinances. A Jefferson County judge is considering a request to temporarily stop work and has secured an agreement from Nebius to limit loud construction hours.
The Greater Birmingham Humane Society (GBHS) and a group of homeowners have filed a lawsuit against the City of Birmingham and Nebius, the developer of a proposed AI factory, also referred to as a data center, located off Lakeshore Parkway. The GBHS, whose future new campus is adjacent to the proposed site, contends that important legal questions remain regarding the project's approval process.
According to the lawsuit, GBHS is asking the Jefferson County Circuit Court to determine if the approvals and permits issued for the data center comply with state law and the city's zoning ordinances. Allison Black Cornelius, GBHS President and CEO, stated that they believe these questions deserve to be answered by the courts.
Meanwhile, Judge Javan Crayton is overseeing a request for a preliminary injunction to temporarily halt work on the construction site. Plaintiffs' attorney Mark Parnell argued against the dismissal of this motion, stating that even without an injunction, damage claims and the pursuit of a permanent injunction remain options. Attorneys for Nebius and the City of Birmingham declined to comment but argued that a work stoppage would cost Nebius $500,000 per day and requested a multi-million dollar bond from the plaintiffs.
Judge Crayton did not rule on any of the motions, including the dismissal or preliminary injunction request, but did secure an agreement from Nebius to limit loud construction work to 9 AM-5 PM on weekends and 8 AM-5 PM on weekdays. Local resident Ronald Davis, who lives near the site, welcomed the news, confirming the noticeable noise from early morning to late evening.