Developer sues Upper Merion Township over rejected King of Prussia data center proposals
Developer Brian O'Neill has sued Upper Merion Township over its rejection of his proposed 4.6 million-square-foot data center campus in King of Prussia. O'Neill alleges the township reversed its stance on data centers being permitted uses due to public pressure. This lawsuit follows a unanimous denial by the supervisors, who cited lack of specificity and failure to meet zoning requirements.
Developer Brian O'Neill has initiated legal action against the Upper Merion Township Board of Supervisors following their unanimous rejection last month of his proposed 4.6 million-square-foot data center campus in King of Prussia. Lawsuits filed Wednesday in Montgomery County Court of Common Pleas claim that Upper Merion officials initially stated data centers qualified as warehouses and were permitted under zoning code, but later changed their position due to significant resident pushback.
O'Neill is seeking a judicial reversal of the denial, preliminary approval for his plans, and the appointment of an independent referee to oversee the process. The supervisors denied the five data center plans on August 13, citing a lack of specificity, particularly on fire-safety issues, and unmet zoning requirements. O'Neill's request for an extension to respond was also denied. This marks the second lawsuit O'Neill filed against the township, having previously sued for violation of his legal right to an extension, a decision that was briefly paused by a Montgomery County Court judge before being vacated.
Neighborhood groups have actively opposed the project through social media, packed township meetings, and petitions, raising concerns about pollution, noise, light, electricity prices, property values, and quality of life. Similar opposition is noted in nearby Plymouth Township, where O'Neill also faces hurdles for another 2 million-square-foot data center project. His legal challenge to Plymouth Township's zoning ordinance in July drew strong accusations from township leaders.
Pennsylvania Governor Josh Shapiro, who initially encouraged data center development, has since signed an executive order restricting such projects statewide, requiring local approval before state permits can be issued. Despite the setbacks and public outcry, O'Neill's team remains optimistic, asserting the necessity of such computing power for economic competitiveness.