Plaintiffs file emergency motion in Birmingham AI data center trial to continue with new judge rather than restart
Plaintiffs in Birmingham, Alabama, have filed an emergency motion to continue a preliminary injunction hearing with a new judge after the presiding judge recused herself during a trial challenging a proposed AI data center project. The plaintiffs argue that restarting the trial would cause undue delays and harm as construction continues at the site. The lawsuit alleges the data center is being built illegally and causes noise disruption.
Plaintiffs Robert B. Sansome and John Benjamin Hilley have filed an emergency motion in Jefferson County, Alabama, requesting that a preliminary injunction hearing continue with a newly assigned judge rather than restarting entirely. The motion comes after Circuit Judge Tamara Harris Johnson recused herself from the case challenging a proposed AI data center in Birmingham.
The plaintiffs, Oxmoor Valley residents, had already completed presenting their case, including two days of testimony, when Judge Johnson stepped aside. The judge cited a previous professional relationship with the plaintiffs' attorney and prior service as Birmingham city attorney, recusing herself after a request from attorneys for defendant Nebius. The motion argues that Rule 63 of the Alabama Rules of Civil Procedure allows a successor judge to review the existing record and complete the hearing, preventing further delays that the plaintiffs contend exacerbate the harm caused by ongoing construction.
The lawsuit names Hoar Construction LLC, Lakeshore Data Center LLC, Nebius Inc., Nebius Group N.V., Alabama ADC Holdings LLC, the City of Birmingham, and the city's Zoning Board of Adjustment as defendants. Plaintiffs argue the AI data center is being built illegally on property not authorized for such a facility and causes significant noise disruption. Testimony from Katrina Thomas, director of Birmingham’s Department of Planning, Engineering, and Permitting, revealed that Nebius received permitting approval by being