Project Tango Take 2: Next hearing would be before a special magistrate
PBA Holdings is appealing the Palm Beach County Commission's denial of its rezoning request for an AI hyperscale data center project under Florida's land use dispute resolution law. Concurrently, PBA has filed a lawsuit against WPB Logistics Owner and its backer, TPA Group, alleging breach of contract and an attempt to divert power and develop competing data centers. A special magistrate will now oversee the appeal process regarding the county's zoning decision.
PBA Holdings, the landowner of a proposed AI hyperscale data center site, has filed an appeal against the Palm Beach County Commission's July 15 rejection of its rezoning request. This appeal, made under the Florida Land Use and Environmental Dispute Resolution Act, will lead to a hearing presided over by a special magistrate. PBA argues that the commission erred in its 5-1 vote to deny the proposal for 3.6 million square feet of development, including 1 million square feet for the data center, on a 202-acre site.
In addition to the appeal, PBA's attorney, Ethan Loeb, filed a 57-page lawsuit against WPB Logistics Owner and its backer, TPA Group of Atlanta. The lawsuit alleges that TPA Group undermined PBA's efforts and breached a 2021 contract by secretly planning to develop competing data centers on land it acquired from PBA, while also objecting to PBA's rezoning request. PBA claims TPA Group sought to utilize power and utilities secured by PBA for its own project.
Opponents from the neighboring Arden community had successfully argued before the County Commission that the data center posed an existential threat, citing concerns about noise, vibrations, heat, lighting, and potential water contamination. PBA contends that the commission disregarded objective criteria for approval and acted with a prejudged intent to ban data centers, influenced by a rapidly spreading opposition movement and political shifts, particularly from Mayor Sara Baxter.