Frederick County judge rules against data center referendum
A Frederick County judge ruled against a petition seeking to create a ballot question on a data center development zone map, citing that the ordinance was not subject to referendum under the county charter and the petition lacked clarity. The Frederick County Data Center Referendum Committee (DCRC) plans to appeal the decision to the Maryland Supreme Court. The county council had approved the 2,600-acre Critical Digital Infrastructure Overlay Zone (CDI-OZ) despite public outcry and recommendations for a smaller zone.
Judge James A. Bonifant ruled against a petition by the Frederick County Data Center Referendum Committee (DCRC) that sought to allow residents to vote on a data center development zone. The DCRC had gathered over 21,000 signatures to challenge an ordinance passed by the Frederick County Council in December, which established a 2,600-acre critical digital infrastructure overlay zone (CDI-OZ) for data center development.
The judge's ruling was based on two main points: that an ordinance, under the Frederick County Charter, is not a law subject to referendum, and that the DCRC's petition failed to follow correct procedures, specifically by not legibly printing the accompanying multi-colored maps of the overlay zone. The charter, adopted in 2014, intentionally excluded zoning from referable topics to avoid confusion.
Data center developers and landowners with active projects in Frederick County were among the parties that took the DCRC to court, arguing that the charter outlined separate paths for enacting laws and zoning maps, with only the former being subject to referendum. Despite the ruling, Elizabeth Bauer, a DCRC member, stated their intention to appeal the case to the Maryland Supreme Court, maintaining that the petition met all legal requirements and had significant public support.