Data Center Noise Complaint Goes to Judge
Residents in Vineland, Cumberland County, New Jersey, have filed a noise lawsuit against DataOne, a data center under construction. A judge has scheduled a hearing for September 25 on DataOne's motion to dismiss the case and reject class-action certification. Residents claim the continuous humming from the data center causes diminished property values and prevents enjoyment of their homes.
N.J. Superior Court Judge James Swift has scheduled a motion hearing for September 25 regarding a noise lawsuit filed against DataOne, a data center under construction in Vineland, Cumberland County. DataOne has requested the court dismiss the case and reject the residents' motion to certify it as a class action.
Residents, including Steve Brown, Scott Montgomery, and Michael Gentile, initiated the lawsuit in June, asserting that continuous industrial humming from the facility, located on South Lincoln Avenue, disrupts properties up to a mile away. Their attorney, Laura Sheets, stated strong opposition to the dismissal request, seeking class-action certification to allow more affected neighbors to join for a potential large settlement.
The lawsuit primarily seeks compensation for diminished property values, alleging that the constant noise negatively impacts approximately 1,800 residential parcels within a 1.5-mile radius. Residents also claim financial damages for the inability to use and enjoy their properties, citing sleep disruption and curtailed outdoor activities.
DataOne's defense contends that the noise is temporary and solely construction-related, arguing that plaintiffs lack sufficient evidence for a long-term legal nuisance claim. The company posits that the issue is an unavoidable, temporary aspect of building a multi-billion-dollar project, and thus the legal threshold for a permanent nuisance lawsuit has not been met.