$4 billion Ohio data center proposal on hold after tentative agreement
A proposed $4 billion Amazon data center in Wilmington, Ohio, faces a temporary delay after a tentative agreement was reached in federal court. Homeowners living near the project site had challenged noise and zoning ordinances, alleging violations of public notice requirements and open meetings laws by the City of Wilmington. The agreement bars the city from approving Amazon's site plan under the existing, challenged ordinances.
A legal dispute concerning a proposed $4 billion Amazon data center in Wilmington, Ohio, has resulted in a tentative agreement in federal court, temporarily halting the project. Homeowners represented by attorneys J.P. Burleigh and Sean Suder had filed a lawsuit challenging noise and zoning ordinances approved by the Wilmington City Council last year. Federal Judge Jeffrey Hopkins determined there was "uncontested" evidence that the City of Wilmington violated Ohio's public notice requirements for zoning amendments and its Open Meetings Act.
The case revealed that Public Service Director Michael Crowe and Mayor Patrick Haley were engaged in secret negotiations with Amazon for the project, code-named "Apollo," while advancing favorable legislation, and that all eight city council members signed non-disclosure agreements with Amazon after the ordinances were approved. Despite stopping short of ordering a preliminary injunction, Judge Hopkins urged the parties to reach an agreement.
The tentative agreement will bar the city from moving forward with approval of Amazon's data center site plan under the existing ordinances. It also sets conditions for future informational meetings, including public speaking, expert testimony, and two weeks' prior notification to homeowner attorneys. Jessica Sharp, a Wilmington homeowner who initially filed suit, highlighted concerns about noise and light impacts on her family and is part of a grassroots effort to bring comprehensive data center regulations to a vote in November.
While the agreement delays the site plan approval, the underlying federal case is expected to continue to address additional claims. If the City Council repeals, replaces, or re-ratifies the ordinances, the site plan could proceed, but under new rules, limiting Amazon's ability to claim grandfathered rights.