Jessup, Data Center Developer Head to Court Over Refused Application

Jessup borough is embroiled in a legal battle with developer Breaker Street Associates LLC, which is seeking to compel the borough to approve its application for seven data centers on Breaker Street. The borough initially refused the application, citing proposed electric infrastructure located in a residential area.

Lackawanna County Judge Andy Jarbola has scheduled virtual oral arguments for October 20th, to be heard by Judge Terrence R. Nealon. The court order requires Jessup to demonstrate why the developer should not be granted the requested relief.

Breaker Street Associates, which shares an address with Catalyst Commercial Development LLC, has also proposed a data center on Sunnyside Road through an affiliated entity, Sunnyside Road Associates LLC. This entity is appealing the Jessup Zoning Hearing Board's denial of its request to exceed height restrictions for a 70-foot-tall data center. Despite this denial, Sunnyside Road Associates received conditional approval from the borough council in June for a preliminary land development plan for a 50-foot-tall data center.

The core of the Breaker Street campus dispute revolves around a proposed switchyard/substation on the north side of Breaker Street, which falls within a medium-density residential zone, requiring zoning relief. The developer's initial land development plan was submitted in June 2025, prior to Jessup amending its zoning ordinance two months later to specifically regulate data centers. The developer's lawyers argue that the borough failed to issue a valid written decision within 90 days of their submission, thereby entitling them to automatic approval. Jessup Solicitor Maura Armezzani Tunis contends that no application was properly accepted, thus invalidating the 90-day timeframe.