After Sunshine Act violation, township plans third try at data center vote
Salem Township Planning Commission in Luzerne County, Pennsylvania, is attempting a third vote on a data center zoning overlay after a judge invalidated their second vote due to a Sunshine Act violation. The legal action was initiated by local plaintiffs, causing delays for a billion-dollar data center initiative that includes projects by Amazon and QTS.
The Salem Township Planning Commission in Luzerne County, Pennsylvania, is preparing for a third attempt at a valid vote on a proposed data center zoning overlay, following a judge's order that invalidated its second vote. The controversy began when eight local plaintiffs sued the township, alleging a violation of the Sunshine Act during the initial July meeting. Judge Lesa Gelb of Luzerne County Court agreed with the plaintiffs, stating that the public was unfairly locked out of the meeting.
This legal ruling triggered a series of events, culminating in a decision to re-do the invalidated second meeting. The judge's order, dated August 25 but not formally received by the township until September 1, specifically "stayed" any actions by the Planning Commission on the proposed "Special Data Center Overlay District or related zoning amendments." Township Solicitor Anthony McDonald confirmed that this order meant their previous actions were invalidated and necessitated rescheduling the meeting.
The proposed zoning changes are linked to a billion-dollar data center initiative, which includes an Amazon-sponsored data center already under construction and a QTS-sponsored data center in development. The new Planning Commission meeting is scheduled for September 24.