Lawsuit filed against Columbus Council over data center ordinance

Upatoi residents, represented by attorney Jonathan Waters, along with Keep It Rural LLC, have filed a lawsuit against the Columbus Council in Muscogee County Superior Court. The complaint, lodged four days after Mayor Skip Henderson signed the city's technology overlay ordinance into law, alleges seven counts of unconstitutional enforcement, abuse of zoning power, and violations of procedural due process rights and the Georgia Open Meetings Act.

Plaintiffs, including landowners near the proposed 865-acre "Project Ruby" hyperscale data center in northeast Muscogee County, contend the council adopted the ordinance without adhering to Georgia Zoning Procedures Law, the Columbus Unified Development Ordinance, and the city charter. They argue the public was denied proper readings and public hearings, and that material amendments to setbacks and noise restrictions were made without new public discourse. The lawsuit further alleges the creation of an "Unofficial Committee" operated behind closed doors, violating the Georgia Open Meetings Act, and that the ordinance constitutes illegal "spot zoning" designed to benefit a single property owner for Project Ruby.

The plaintiffs assert they will suffer irreparable harm, including diminished property value, noise, emissions, increased traffic, risk to water supply, and loss of rural character. They are seeking to have the overlay ordinance declared void, invalid, and unenforceable, along with a temporary restraining order and permanent injunction against its enforcement, including the processing of applications like Project Ruby. Alternatively, they request the matter be remanded to the council for proper zoning proceedings and are also seeking damages for litigation costs and attorney fees.