Hammond Village Board agrees to file injunction challenging conditional use permit for data center

The Hammond Village Board has voted to direct its attorney to seek an injunction challenging the conditional use permit granted to Metered Mining for a proposed 6-megawatt data center. This action comes after the Hammond Village Board of Appeals approved the permit on June 8, overturning a previous denial by the village board.

Elected officials on the village board argue that the appeals board made its decision under duress. Metered Mining's attorney, Adam Jarchow, had complicated earlier plans to table the matter by indicating an intent to file a writ of certiorari against the village if the permit was denied, creating pressure on the appeals board. Village President Tony Bibeau, who also serves on the appeals board, provided the lone dissenting vote against the permit during the appeals meeting, citing the rushed nature of the decision.

Following the appeals board's approval, the Village of Hammond sought new legal counsel, hiring Loberg Law Office. Jens Loberg, representing the firm, advised the board on the complexities of a circuit court challenge, suggesting a constructive dialogue with Metered Mining. He questioned whether the evidence of duress would be sufficient to convince St. Croix County judges to grant an injunction, deny the permit, and restart the application process.

Despite the legal uncertainties and advice, the board voted 6-0 to proceed with seeking the injunction. This decision reflects ongoing pushback from residents and elected officials against the data center project in the village's industrial park, which has led to numerous packed public meetings.