Judge allows neighbors to oppose data center’s appeal of Archbald denial

A Lackawanna County judge has granted an Archbald resident and the Lackawanna County Housing Authority legal standing to intervene in the Project Scott data center's appeal against the borough's denial of its conditional use application. The ruling by Judge Margaret Bisgnani Moyle on Friday followed a three-hour hearing, acknowledging that both parties are approximately 2,000 feet from the proposed 400-acre data center campus.

Archbald I LLC, an entity of Provident Realty Advisors, had sought conditional use approval for a campus featuring up to 18 data centers and 504 diesel generators near Staback Park. The borough denied the application after missing a legal deadline to complete a hearing, a situation exacerbated by a newspaper's failure to publish a timely public notice and the developer's refusal to grant an extension. Following the denial, Archbald I LLC claimed a "deemed approval" and filed an appeal lawsuit.

Resident Jack Swingle and the Lackawanna County Housing Authority filed separate petitions to enter the appeal, citing concerns about potential impacts on their properties and residents. Swingle, a retired resident, expressed worries about noise, disruption, and the loss of green space near his home. Paul Walker, Chairman of the Housing Authority, testified about potential effects on 52 units of low-income housing in Jermyn, raising concerns about noise, air quality, water use, and traffic. Both parties emphasized they are not against data centers if "done right" but seek to protect their communities from adverse effects.

The judge's decision allows Swingle and the Housing Authority to present arguments in the appeal without suffering significant prejudice, as Moyle noted that waiting until construction is underway would be too late to object. The ruling focused solely on the intervenors' standing, not the merits of Archbald I LLC's appeal, which will be addressed at a later date, potentially by a different judge.