Fulton County resident suing over closed data center committee meetings

Fulton County resident suing over closed data center committee meetings

News ClipWVPE·Fulton County, IN·5/1/2026

A resident in Fulton County, Indiana, is suing the county's Area Plan Commission over closed meetings of a committee formed to research and recommend changes to the data center ordinance. This legal action follows the county commissioners' approval of a moratorium on data center development. The resident argues the committee's actions constitute official action requiring public notice and open meetings under Indiana's Open Door Law.

moratoriumzoninggovernmentlegal
Gov: Fulton County Commissioners, Fulton County Area Plan Commission
Richard O'Neill, a resident of Fulton County, Indiana, has initiated legal action against the Fulton County Area Plan Commission, challenging the legality of closed meetings held by a committee tasked with studying data center development. The lawsuit comes after the county commissioners enacted a moratorium on new data center projects in March. Subsequently, the Area Plan Commission formed a nine-member committee to research, evaluate, and propose modifications to the county's data center ordinance. The commission asserted that the committee's meetings could be closed to the public, citing a provision in Indiana Code that exempts non-governing bodies from open meeting requirements. However, O'Neill contests this interpretation, arguing that by gathering information and formulating recommendations, the committee is engaging in official actions as defined by state law. He is seeking a court order to compel the committee to provide public notice and conduct its meetings openly. In its filed response, the plan commission's attorney maintained that Indiana's Open Door Law includes an exception for such committees, affirming that an April 8 closed meeting was not a violation.