Clinton Township faces legal uncertainty over data center moratorium
The Clinton Township Board of Supervisors controversially replaced its solicitor, prompting resident opposition and concerns over transparency. The new interim solicitor, Ronald Bugaj, stated that a recently enacted six-month data center moratorium might be illegal under Pennsylvania law, potentially leaving the township with a July 29 deadline for project approval. Residents and a former supervisor dispute this assessment, suggesting the moratorium is valid and that new zoning ordinances should be pursued.
The Clinton Township Board of Supervisors met on May 29 to replace Solicitor Jeffery Treat with attorney Ronald Bugaj as interim solicitor, a move that drew strong resistance from over 100 residents. Concerns were raised about Bugaj's impartiality due to his past representation of Linde Corporation and a personal friendship with Scott Linde, the applicant for a proposed data center in Clinton Township.
Bugaj prepared a joint waiver of conflict of interest, but residents also raised questions about potential violations of the Pennsylvania Sunshine Act regarding the solicitor's removal. Former Clinton Township supervisor James Zefran stated he plans to contact the Pennsylvania Attorney General’s Office for an investigation into alleged closed-door actions. Supervisor Brian Non explained that Treat's removal stemmed from his alleged failure to disclose his legal representation of Scott Linde while acting as township solicitor on the data center project.
Bugaj cautioned the public that a six-month moratorium on data centers, instituted by the township on April 30, may not be legal under the Pennsylvania Municipalities Planning Code, asserting that the township has 90 days from the application receipt (until July 29) to make a decision before automatic approval. This opinion was challenged by residents and James Zefran, who cited other land development attorneys who believe the moratorium is appropriate. Township Chair Mark Lopatofsky stated that the former solicitor also concluded the moratorium would not work, especially since Clinton Township lacks formal zoning ordinances, relying instead on Subdivision and Land Development Ordinances (SALDOs).
Pennsylvania State Rep. Jonathan Fritz, present at the meeting, declined to intervene on local land use issues, prompting audience demands for him to support House Bill 1834, which aims to regulate commercial data centers. Ultimately, the board agreed to hire Bugaj as interim solicitor while seeking additional counsel specifically for the data center project. Bugaj advised that a new zoning ordinance for future projects would take months to draft, and any immediate regulatory changes would likely not affect the current data center application.