Eleven citizens and nonprofit group file legal challenge to Statesboro data center rezoning
Eleven citizens and Coastal Communities United filed a legal challenge in Bulloch County Superior Court to reverse the Statesboro City Council's rezoning of a 27-acre tract for a proposed data center. They allege the city disregarded its own rules and state law, citing concerns about property values, environmental impact on the Floridan Aquifer, noise, and traffic. City officials stated they had not yet been served the complaint and would review it upon receipt.
Eleven individual citizens and the nonprofit organization Coastal Communities United have filed a petition with the Bulloch County Superior Court seeking to reverse the Statesboro city government’s rezoning of a nearly 27-acre tract on Burkhalter Road, intended as a site for a data center. The lawsuit names both the City of Statesboro and 4 AM Development LLC, the property owner and would-be developer, as defendants.
The Statesboro City Council had approved the rezoning from high-density residential (R-4) to office and business (O) on August 18, following a 3-2 vote. This decision came after developers submitted plans for a two-story data center spanning approximately 230,000 square feet. The petitioners, described as "concerned citizens who own and reside at properties in varying proximity to" the site, assert that the city disregarded its own procedural rules, regulations, and state laws in making this decision.
Among the complaints, attorney Robert Abney Fricks Sr., representing the petitioners, alleges "spot zoning" and "inverse condemnation," claiming a reduction in property values for nearby owners. The petitioners also express concern that the proposed 99-megawatt data center, which they categorize as near "hyperscale," could negatively impact the watershed and Floridan Aquifer through water usage and wastewater seepage, as well as create noise, vibrations, increased traffic, and displace wildlife. The complaint seeks to have the court declare the zoning decision void and prohibit the construction and operation of the data center.
City Attorney Cain Smith and City Manager Charles Penny stated on Friday that they had not yet been formally served with the complaint. Penny noted that the council is authorized to zone property and that they would review the complaint upon receipt. He also informed the mayor and council members to prepare them for media reports.