Judge to Rule on Hazle Township Data Center Denial
A Luzerne County judge is hearing arguments to decide if Hazle Township supervisors lawfully denied land use approval for Project Hazelnut, a proposed data center. The developer claims the denial was politically motivated to appease public opposition, while the supervisors argue they correctly interpreted zoning ordinances. The judge's decision will determine the future of the project.
A Luzerne County judge is tasked with determining whether Hazle Township supervisors acted within their legal authority when they denied land use approval for the "Project Hazelnut" data center. The developer, NP Hazleton Holdings 1 LLC, an affiliate of NorthPoint Development, plans to build 15 data center buildings on 1,250 acres. Developer attorney Richard Williams contended that the company "meticulously followed the procedure" for 18 months, securing multiple approvals from zoning officers, the planning commission, and the zoning board for a parking variance. He argued that the supervisors' denial at the "11th hour" was an attempt to appease a crowd rather than a legally sound decision.
Conversely, attorney Donald Karpowich, representing the supervisors, argued that they reviewed the plan for the first time at crowded November meetings and denied it based on their interpretation of the ordinance. He highlighted that data centers are not explicitly mentioned in the township's zoning ordinance, implying they would require a special exception from the zoning board, which the supervisors could not bypass. Jack Dean, representing residents who intervened, supported the supervisors' right to interpret their own ordinances.
During the May 22 hearing, Judge Lesa Gelb explored options such as sending the matter back to the zoning board or challenging the ordinance's validity. Karpowich indicated a return to the zoning board for a special exception hearing was desired. The attorneys also debated whether a data center could be considered a "use by right" in an industrial zone, with the developer comparing it to a warehouse and Karpowich arguing it's a complex network not envisioned by the ordinance. A decision from Judge Gelb is pending, which will significantly impact the future of Project Hazelnut.