Judge dismisses challenge to Wilmington data center ordinances
A Clinton County judge upheld two emergency zoning ordinances that clear the way for Amazon’s proposed $4 billion data center in Wilmington, Ohio, and dismissed a homeowner’s challenge. The ruling is a setback for residents seeking a referendum, though the homeowner’s attorneys said they plan to appeal.
Judge Jonathan Hein of Clinton County Court ruled that two emergency zoning ordinances adopted by Wilmington are legally valid, rejecting homeowner Rachel Brooks’ challenge to the city’s use of emergency clauses. The measures allow data centers in light industrial zones and rezone more than 470 acres owned by Amazon for the company’s proposed $4 billion facility.
The ordinances replaced earlier measures that homeowners had challenged over alleged violations of Ohio’s open-meetings law. Wilmington officials said immediate enactment was necessary because of infrastructure, utility, planning and zoning considerations. Hein found that the city provided sufficient justification under Ohio law, while attorneys for Brooks disagreed with the ruling and said they intend to appeal.