County Board defends data center approval in court

The Sangamon County Board is defending its April zoning approval for the county's first hyperscale data center in court. On September 11, Circuit Judge Adam Giganti scheduled an October 9 hearing for a motion to dismiss a lawsuit filed by Waverly residents, including members of the Caruthers family and Cathy Bettis, owner of Joette Kennel.

The residents filed their lawsuit on July 6 against Sangamon County and the County Board, seeking to reverse the April 7 approval of a conditional permitted use for a data center on 280 acres of farmland. The plaintiffs, represented by Plainfield lawyer Chloe Russell, allege that the county's resolution is misdated and that allowing a data center on agricultural land without fully understanding its impacts could harm nearby farms, residences, and Bettis's dog kennel business. Lawyers for the county, from Champaign law firm Webber & Thies, argued for a dismissal with prejudice, asserting the county's decision was sound and based on proactive research and a careful process. They maintain that alleged procedural violations are insufficient to question the rationality of the board's decision.

The county's filing claims the CyrusOne project would have minimal environmental impact while providing substantial economic benefits, including job opportunities, significant investment, and nearly $100 million in tax revenue, with a large portion going to the North Mac School District. However, the article notes that no local sales tax will apply to the minimum $500 million investment due to a tax break secured by CyrusOne before Governor JB Pritzker paused a state program providing such deals.