Letter: Rescinding Loudoun County data center grandfathering resolution would be unlawful
A letter argues that rescinding the Loudoun County Board of Supervisors' 2025 data center grandfathering resolution would be unauthorized and unlawful. It states that property owners protected by the resolution would be entitled to seek legal action, including declaratory and injunctive relief and damages for constitutional violations. The author urges the board to honor its adopted protections rather than face lawsuits.
Nick Albu of Purcellville has submitted a letter arguing against the rescission of the Loudoun County Board of Supervisors' 2025 data center grandfathering resolution. The letter states that such a rescission would be both unauthorized and unlawful, directly refuting Supervisor TeKrony's prior assertion that the board "chose to give away its legislative authority" by adopting the resolution.
According to Albu, the board lawfully established grandfathering provisions through a resolution adopted with a Zoning Ordinance amendment, granting significant rights to specific data center applications to be processed without a special exception. He emphasizes that the Zoning Ordinance does not authorize the board to amend or rescind such a resolution 18 months after its adoption and outside of the formal amendment process.
Albu warns that the suggestion the board would not face lawsuits or liability by rescinding the resolution is incorrect. He contends that property owners whose applications are protected by the resolution would be entitled to seek legal adjudication of their rights, potentially pursuing declaratory relief, injunctive relief, and damages for constitutional violations, including denial of equal protection. Albu urges the board to uphold the grandfathering protections it deliberately adopted to avoid forcing affected property owners to seek judicial enforcement at public expense.