Attorney seeks to strike letters from state Rep. Kreibich and others in Hammond data center lawsuit

A legal dispute is unfolding in Hammond, Wisconsin, concerning the approval of a conditional use permit for a data center developed by Metered Mining. The Hammond Village Board, after initially tabling and then denying the permit, filed a writ of certiorari contesting the subsequent decision by its own appeals board, which had overturned the denial and approved the permit.

Attorney Adam Jarchow, representing Metered Mining, successfully intervened in the case and then filed a motion to strike letters submitted to the court record by State Assembly Rep. Rob Kreibich, Hammond Village Board member Dan Curran, and several residents. Jarchow argues these statements are outside the purview of certiorari action, as they were not presented to the Board of Appeals during its initial decision-making process. Kreibich and Curran's letters conveyed skepticism and opposition to data centers in small communities like Hammond, echoing concerns from residents who also submitted letters.

The village's legal counsel, Rob Loberg, is expected to contest Jarchow's motion. The article also highlights a potential conflict of interest involving Village President Tony Bibeau, who chaired the appeals board and provided the lone dissenting vote when it approved the permit, despite the village board's earlier denial. Bibeau later resigned as appeals chair on his attorney's advice after Jarchow questioned his dual roles. Residents and appointed officials, including Bibeau's wife, Kristen, who claimed the appeals board felt pressured to make a decision, have expressed strong opposition to the project.