Responding to new challenge, judge refuses to stop PAX-1 data center but sets new hearing
A judge declined to stop construction of the PAX-1 data center in Middlesex Township after opponents argued that their zoning appeal should automatically halt the project. Judge Matthew Smith scheduled a Nov. 13 hearing to consider a discretionary stay and whether the appeal is frivolous.
Construction of the PAX-1 data center in Middlesex Township, Cumberland County, can continue after Judge Matthew Smith rejected Stop PAX-1’s request for an immediate halt. The opponents argued that their zoning challenge should have triggered a mandatory stay, but Smith ruled that such a stay applies only to matters still pending before the board. Middlesex Township supervisors approved zoning changes and preliminary approval in May, followed by final project approval in September.
Smith scheduled a Nov. 13 hearing to consider whether construction should be paused under a discretionary stay. The court will also consider whether the opponents’ appeal is frivolous under Pennsylvania law, which could increase their litigation costs. Stop PAX-1 co-leader Kyle Gerber said the group welcomed the opportunity to present its case, while township supervisors and developer Carlisle Development Partners did not immediately comment.