Birmingham, developers seek dismissal of lawsuit over Nebius data center project
Birmingham and the developers of the Nebius data center are asking a court to dismiss a lawsuit filed by nearby homeowners. The defendants argue the homeowners should have first challenged the project’s zoning classification through the city’s administrative appeals process; a non-jury trial is scheduled for March 2027.
The City of Birmingham and developers of a Nebius data center under construction are seeking dismissal of a lawsuit filed by nearby homeowners Robert B. Sansome and Gail Sansome. The defendants argue that the homeowners were required to challenge the project’s zoning classification through Birmingham’s administrative appeals process before filing suit.
The filing also says concerns about noise, heat and other impacts are speculative because the facility is not yet operating. A judge previously rejected the defendants’ administrative-process argument during preliminary-injunction proceedings. The case, which names Hoar Construction LLC, Lakeshore Data Center LLC, Nebius Inc. and the city as defendants, is scheduled for a non-jury trial on March 8, 2027, in Jefferson County Circuit Court.