Litigation halts Upper Merion planning commission data center opinion
A developer filed a lawsuit against Upper Merion Township officials, temporarily halting the planning commission's proceedings for a proposed 5-million-square-foot data center in King of Prussia. This legal action followed a recommendation from the Montgomery County Planning Commission to deny the application, amidst strong community opposition citing environmental and other concerns.
Developer MLP Ventures, represented by Brian O'Neill and "Innovation 411 Fee Owner LLC," filed a lawsuit against Upper Merion Township's Board of Supervisors and Planning Commission regarding a proposed 5-million-square-foot data center in King of Prussia, Pennsylvania. The litigation initially resulted in a court order preventing the planning commission from rendering final opinions on the development, which covers several parcels of land. The lawsuit followed a recommendation from the Montgomery County Planning Commission last month to deny O'Neill's five proposals for the data center campus.
The article details a contentious planning commission meeting where the township's attorney, Kailie Melchior, confirmed the preliminary injunction filing. Edmund Campbell, representing the applicant, asserted that the court order prohibited any action on the application, leading to a heated exchange with Melchior, who highlighted that the developer had sought the order to avoid a hearing that night. Community members, largely in strong opposition since May, voiced concerns about environmental, health, and nuisance impacts, urging officials to vote against the plan.
Despite the initial halt, a Montgomery County Court of Common Pleas judge later ruled that the Board of Supervisors shall render a final decision on the petitioners' extensions of time at the conclusion of their August 13th meeting, indicating the temporary block on decision-making would be resolved.