Data center appeal: Board of Adjustment reviews jurisdiction to hear Tyler zoning dispute
The Tyler Zoning Board of Adjustment held a hearing to determine its legal authority to hear an appeal regarding a proposed cryptocurrency mining data center. The city contends the developer's appeal was filed late, while the developer argues only the board can decide on its validity. A vote on the jurisdictional matter is scheduled for September 3, 2026.
The Tyler Zoning Board of Adjustment convened a hearing to determine its legal authority to consider a zoning appeal for a proposed cryptocurrency mining data center located at 1101 and 1105 West Erwin Street. The hearing's focus was on the jurisdictional question, specifically whether the developer's appeal was submitted within the legally mandated timeframe, rather than the merits of the project itself.
City Planning and Zoning Director Kyle Kingma requested the board dismiss the appeal, citing that it was filed nearly a year beyond the 30-day window stipulated by Tyler’s Unified Development Code and the 20-day limit under Texas state law. However, Jason Mozingo, attorney for Barrio Resources LLC, argued that only the Board of Adjustment possesses the right to rule on the timeliness of a filing, asserting that the Planning Director's role is administrative.
City Attorney Steven Kean countered, stating that a late filing automatically deprives the board of jurisdiction under state law. Barrio Resources claimed conflicting guidance, including an email from a planning technician suggesting no special permit was required. The city, conversely, maintained that Kingma had directly informed the project representative of the permit requirement earlier.
Local residents, including Amanda Mosley, also voiced concerns about the developer's actions. The board has scheduled an official vote on its jurisdiction for September 3, 2026, to decide whether it can proceed with hearing the developer’s appeal.