Judge extends restraining order in Benton County, Mo., data center case
A judge extended a temporary restraining order in a lawsuit filed by data center developer NSIC6 LLC against Benton County, Missouri, commissioners over a data center moratorium. The developer has started clearing land for two 20,000-square-foot buildings. The county argues the moratorium is valid and NSIC6 LLC was not legally formed until after it was issued, while opponents criticize developers for targeting rural areas without zoning regulations.
A judge extended a temporary restraining order in a lawsuit brought by data center developer NSIC6 LLC against Benton County commissioners in Missouri. The suit challenges a six-month moratorium enacted by the county on data center developments.
Trent Overhue, representing NSIC6 LLC, testified that he closed on a 12-acre property on old Highway 65 on September 9, intending to build two 20,000-square-foot data center buildings, and has begun clearing the land. He stated he chose Benton County specifically due to its lack of planning and zoning regulations.
Presiding Commissioner Steve Daleske countered that commissioners met with Overhue in June regarding a different potential site but had no further contact or knowledge of the current property purchase before enacting the moratorium on August 10. Daleske indicated the moratorium was intended to allow time to gather data on data centers. The county also argues that NSIC6 LLC was not legally formed until after the moratorium was issued.
Opponent George Hall expressed concern that developers exploit rural, third-class counties to bypass local oversight, disenfranchising residents. The judge has urged caution on further construction activity pending a final decision on a preliminary injunction. NSIC6 LLC is also engaged in a separate lawsuit against the city of Springfield, Missouri, challenging a similar data center moratorium there, claiming its project was pre-approved by planners and zoning allows data processing services.