Developer sues Jessup over Breaker Street, Sunnyside Road data centers
A developer has filed two lawsuits against Jessup, Pennsylvania, concerning plans for seven data centers. Breaker Street Associates LLC is challenging a zoning denial for six data centers due to electric infrastructure location, while Sunnyside Road Associates LLC is appealing a denial for a height variance for one data center. Both cases have been filed in Lackawanna County Court of Common Pleas.
Breaker Street Associates LLC and Sunnyside Road Associates LLC, both linked to Catalyst Commercial Development LLC, have filed consecutive lawsuits against Jessup, Pennsylvania, in the Lackawanna County Court of Common Pleas. The lawsuits, filed on June 18, challenge the borough's decisions regarding plans for a combined seven data centers.
Breaker Street Associates is suing Jessup Borough Council, alleging a failure to issue valid written decisions within 90 days of its land development submissions for six data centers along Breaker Street. This project previously faced a zoning hearing board denial in December due to the location of electric infrastructure within a residential zone, despite the developer's argument that utility structures are permitted uses. The developer seeks court-ordered approval and legal fees.
Sunnyside Road Associates is appealing a decision by the Jessup Zoning Hearing Board that denied a 20-foot height variance for a proposed 487,000-square-foot data center on Sunnyside Road, which would bring the building to 70 feet tall. The board rejected the request, citing the borough's 50-foot height limit in the zoning district. Despite this denial, the borough council conditionally approved preliminary land development plans for a 50-foot-tall data center on June 3. The developer argues the proposed height is an industry standard and suitable for the industrial park location. Attorneys Richard M. Williams and Kevin M. Walsh Jr. are representing the developer in both cases. Jessup borough and zoning officials declined to comment.