Federal judge pauses data center project
A federal judge paused an Amazon data center project in Wilmington, Ohio, ruling that the city violated open meeting laws when approving ordinances for the development. Residents who filed the lawsuit are concerned the city may try to approve the project via an emergency ordinance, circumventing public challenge.
A federal judge has paused an Amazon data center project slated for farmland along U.S. 68 south of downtown Wilmington, Ohio. The judge ruled that the City of Wilmington violated rules tied to open meetings and state sunshine laws when passing three ordinances related to the project, requiring the city to redo key steps to legalize the development.
Residents Jessica Sharp and her husband filed a lawsuit challenging the city's handling of these ordinances. The judge's ruling dictates that the city cannot proceed with a data center site plan until the defective ordinances are repealed, replaced, or re-ratified with proper public notice. Furthermore, the judge ordered that the public must have unrestricted ability to speak at future site plan approval hearings, including bringing legal counsel and cross-examining applicants.
Sharp expressed concern that the city might attempt to approve the project as an emergency ordinance to prevent residents from challenging it via petition and public vote. She indicated that if this occurs, they would likely return to court to challenge the lawful use of such an emergency measure. Mayor Patrick Haley stated he is unable to comment on the judge's ruling as the lawsuit is still pending.