Ruling allows Chatham data center to proceed
A North Carolina Superior Court judge ruled that Eco Tip West can proceed with its planned data center near Moncure in Chatham County despite the county's 12-month moratorium on new data-center projects. The ruling granted the company's summary judgment request and attorney's fees, while a separate Cumberland County proposal would impose conditional zoning, setback, noise, water and electricity requirements on future data centers.
Superior Court Judge John Morris granted summary judgment to Eco Tip West, allowing the company's planned data center at the Triangle Innovation Point megasite near Moncure to move forward. Eco Tip sued after Chatham County commissioners enacted a 12-month data center moratorium, arguing that the county had recognized the project's vested rights and improperly stopped processing its site plan. The judge also awarded attorney's fees and ordered the company to submit a fee affidavit while the parties propose a schedule for determining damages.
Chatham County officials said they are reviewing their options. The article also describes a draft Cumberland County ordinance that would require data centers to use conditional zoning in planned manufacturing districts and meet strict standards for setbacks, noise, screening and utility capacity. The proposal would require public water and electricity, prohibit wells, surface-water withdrawals and evaporative cooling, and require closed-loop or recycled cooling systems.