Judge rules Birmingham residents can proceed with suit to halt data-center construction

Jefferson County Circuit Court Judge Javan Patton Crayton has ruled that Birmingham residents Rob Sansome and John Hilley can proceed with their lawsuit to stop construction of a massive Nebius data center in the city's Oxmoor Valley neighborhood. The judge's decision on Friday addressed arguments concerning the homeowners' eligibility to sue, allowing the case to move forward.

The lawsuit, which names data-center developer Nebius, the city of Birmingham, and Hoar Construction as defendants, alleges that the city violated its own zoning ordinances when it granted permits for the project. Sansome and Hilley, who live within 1,000 feet of the 80-acre site, cite immediate concerns about construction noise and ground vibrations, and long-term worries about operational noise from generators and transformers, and air pollution.

While the city had permitted the data center before enacting a temporary moratorium on data center construction in March and later passing new regulations in June, it contends that the Nebius project is not subject to these new rules due to the timing of its original permits. Judge Crayton did not rule on the merits of the case but on the procedural question of whether the plaintiffs could seek a temporary halt to construction.

Defense attorneys had argued that the homeowners failed to take required administrative steps before filing suit, but Judge Crayton ruled the plaintiffs were exempt because the zoning decision was an interpretation of the ordinance, a question of law. The judge also previously ordered limits on certain construction activities to 8 a.m. to 5 p.m. on weekdays and 9 a.m. on Saturdays, specifically for rock hammering, pile driving, and dump-truck activities, though she denied a motion to hold Hoar Construction in contempt for alleged violations. A hearing on the residents' request to temporarily stop construction is scheduled.