Dickson City Data Center Developer Appeals Zoning Denial

Dickson City Development LLC, a firm associated with Kriger Construction, has initiated a land-use appeal in the Lackawanna County Court of Common Pleas against Dickson City. The developer seeks to overturn the borough's data center zoning ordinance, which was adopted on February 12, and the Dickson City Zoning Hearing Board's May 20 decision upholding the legislation. The appeal challenges the validity of the ordinance, arguing it is exclusionary, procedurally noncompliant, vague, and constitutes an unlawful delegation of legislative authority, among other claims. The developer proposes to build four data centers and three natural gas power plants, with a combined 400 megawatts, above Business Route 6. The zoning board had previously denied appeals for these data centers on May 27.

The legal challenge is similar to a previous appeal filed in March, but now includes the May 20 zoning board decision. The ordinance restricts data centers to specific areas within the light manufacturing district as special exceptions, with the developer contending that requirements such as minimum site sizes, setbacks, and mandatory fire protection coordination create "discretionary choke points" that hinder development. The appeal also cites alleged violations of the Pennsylvania Municipalities Planning Code, referencing issues such as overcrowded public meetings during the ordinance's adoption process, similar to events described in an unrelated lawsuit filed in Archbald regarding its own data center zoning. Residents in both Dickson City and Archbald reportedly faced difficulties entering council chambers due to high turnout at public hearings on data center regulations.