Lawsuit alleges private nuisance from Amazon data center construction in Charlottesville

Austin W. Newsom, a Charlottesville resident, and his co-owned boat repair business, Central VA Marine, have filed a private nuisance lawsuit against Amazon Data Services, Inc. over the construction of a new data center campus next to Newsom's property. The plaintiffs allege that the construction has caused loud noises, flashing lights, reduced air quality from dust, increased traffic, obstruction of access, water contamination, flooding, and structural damage to Newsom's home. They also claim that these issues have deterred Central VA Marine customers.

Amazon filed a motion to dismiss the lawsuit, arguing that Central VA Marine lacked standing for a private nuisance claim without explicit ownership or rental rights, and that the allegations failed to connect the conditions to Amazon's specific conduct or demonstrate substantial and unreasonable interference. Amazon also contended that the plaintiffs were effectively alleging a public nuisance, which they argued could not support a private nuisance claim in Virginia.

The Western District of Virginia at Charlottesville, presided over by Judge Yoon, denied Amazon's motion to dismiss the private nuisance claim, finding that Central VA Marine plausibly alleged sufficient possessory interest as an occupant of the property. The court also determined that the plaintiffs sufficiently connected the alleged nuisances to Amazon's construction activities and demonstrated plausible substantial interference with their property use. While the court dismissed the claim for temporary injunctive relief as a separate cause of action, it confirmed that the plaintiffs could still seek injunctive relief as a remedy for their private nuisance claim. The lawsuit (Newsom v. Amazon Data Services, Inc., Case No. 3:25-cv-00074) is now proceeding.