Judge weighs data center lawsuit’s future
Residents are suing Sangamon County and its Board over approval of a conditional use permit for a CyrusOne data center on 280 acres of farmland. A judge is considering whether the county properly followed its data center code, including requirements for utility availability documentation and environmental review.
Residents living near the proposed CyrusOne data center sued Sangamon County and the Sangamon County Board in July, seeking to overturn the Board’s April 7 approval of a conditional use permit for the 280-acre project. The lawsuit alleges procedural violations, inadequate documentation, noise and pollution concerns, and insufficient consideration of environmental impacts.
At an Oct. 30 hearing, Circuit Judge Adam Giganti took motions to dismiss under advisement. The dispute centers partly on whether the county’s code requires utility availability letters before approval. The electricity letter submitted with the zoning petition referred to a different, smaller Diamond Core Data Center project, while the Apple Creek Water Cooperative said it was still reviewing CyrusOne’s application. County attorneys argue the permit was conditionally approved and that the required materials could be submitted later.