Maryland Supreme Court shuts down Frederick County data center referendum
The Maryland Supreme Court ruled against a voter referendum that sought to give Frederick County residents a say on a 2,600-acre data center development zone. The Frederick County Council had approved the zone, prompting a petition with over 21,000 signatures from residents concerned about power and water usage. The court upheld a lower court's decision, deeming the ordinance ineligible for a referendum and the petition unclear.
The Maryland Supreme Court has ruled against a voter referendum seeking to challenge a 2,600-acre data center development zone in Frederick County. The Frederick County Council had approved Ordinance 26.01.001 in December, establishing the zone for data centers north of Adamstown, specifically at the former East Alcoa Aluminum Smelting Plant site, which boasts existing infrastructure. This decision expanded upon an earlier recommendation from the Frederick County Planning Commission for a smaller, 1,000-acre zone.
The council's approval sparked significant public opposition, with residents advocating for data centers to be confined to the existing 1,600-acre Quantum Frederick (QF) campus. Concerns were voiced regarding the substantial power and water demands of these facilities, with the Sugar Loaf Alliance alleging that the QF campus alone could consume twice the power of Baltimore City's housing units. The Frederick County Data Center Referendum Committee successfully gathered over 21,000 signatures, exceeding the required 15,000 for a referendum.
However, the legal challenge focused on whether the ordinance was subject to a referendum under the county charter and if the petition was sufficiently clear. The Supreme Court ultimately affirmed a Circuit Court decision, ruling the ordinance ineligible for a referendum and declaring the petition unclear. This ruling effectively allows the 2,600-acre data center development zone to proceed without a public vote.