Data Center Developer K-Nova Sues Commercial Point in Ohio Supreme Court Over 18-Month Moratorium
Data center developer K-Nova II, LLC has filed a lawsuit with the Supreme Court of Ohio against the Village of Commercial Point. K-Nova alleges the village illegally enacted a retroactive 18-month moratorium on data center developments, stalling a multi-million dollar project after its site plan application was certified as complete. The developer seeks a writ of mandamus to compel the village to process and vote on the application.
Data center developer K-Nova II, LLC has escalated its dispute with the Village of Commercial Point, Ohio, by filing a verified petition with the Supreme Court of Ohio. The lawsuit accuses village officials of violating state zoning laws and unlawfully halting a substantial data center development project.
K-Nova is seeking an expedited peremptory writ of mandamus to force the village administration and council members to promptly process and vote on its Major Site Plan application. The developer contends that the village illegally enacted an 18-month retroactive moratorium on all data center developments, thereby freezing a project for which the land was specifically zoned as a Planned Industrial District exclusively for data centers in May 2024.
The developer submitted its site plan application and a $534,121.85 fee on April 1, 2026, which was accepted and certified as complete and compliant by the village's Planning and Zoning Administrator the following day. Under local ordinances, the village council was mandated to vote on the plan by June 2, 2026. However, the lawsuit alleges that the village council abruptly shifted its position, citing "contrived deficiencies" before passing an emergency ordinance on May 4, 2026, implementing the moratorium. The village then attempted to refund K-Nova's application fee and suspended all application reviews.
K-Nova has declined the refund, arguing the village lacks legal authority to return the fee to avoid its review duties. The developer asserts that its property rights vested upon the application's submission, predating the moratorium. Furthermore, with the land restricted solely to data center use, K-Nova claims the village's actions leave it unable to develop the multi-million dollar parcels. The lawsuit names the Village of Commercial Point, its administrators, and all sitting council members as respondents, with a Supreme Court decision on the writ expected in the coming weeks.