Lawsuit filed against Statesboro over Burkhalter Road data center rezoning
Coastal Communities United and 11 individual petitioners have filed a lawsuit against the City of Statesboro, challenging the recent rezoning of land on Burkhalter Road for a proposed data center. The petitioners allege the city did not follow proper procedures and that the approved 99-megawatt facility contradicts the city's intent to ban hyperscale operations. The lawsuit automatically pauses all work and permit approvals related to the project while the court reviews the case.
Coastal Communities United, a 501(c)(4) non-profit, along with 11 individual petitioners, has initiated a legal challenge against the City of Statesboro, Georgia, over the rezoning of a 26.49-acre property at 6539 Burkhalter Road for a proposed data center. The lawsuit, filed in Bulloch County Superior Court on September 17, 2026, names the City of Statesboro and 4AM Development LLC as defendants. It is titled a "Petition for Review/Appeal and Request for Declaratory Judgment."
The petitioners, represented by attorney Robert Fricks, are challenging the Statesboro City Council's August 18 rezoning decision, which was approved by a tie-breaking vote from Mayor Jonathan McCollar. Coastal Communities United alleges that the city violated its own procedures, regulations, and ordinances during the rezoning process. They specifically contend that the proposed 99-megawatt facility functions as a hyperscale plant, contradicting a June 2026 update to Statesboro's development code that permitted data centers in office districts while explicitly banning hyperscale operations. Concerns are also raised about the project's proximity to residential areas and its potential environmental impacts, including heavy electrical draw, water usage, noise, and backup diesel generator emissions, which petitioners argue were bypassed from state environmental reviews due to the site's size.
City Attorney Cain Smith confirmed the city was served the lawsuit on September 21, 2026, and stated the city intends to respond fully in court within 30 days but would not comment on the details of the pending litigation. Under Georgia’s Zoning Procedures Law, the filing of this appeal automatically pauses all work and permit approvals for the data center project until the court renders a decision. The Superior Court judge will independently re-examine the evidence to determine the legality of the rezoning and if it unconstitutionally harms neighboring property owners.