AVAIO brings federal lawsuit against Pulaski County, Barry Hyde, and JP over data-center regulations
AVAIO Digital, through its subsidiary ADP Little Rock Data Hub, sued Pulaski County and local officials in federal court, challenging a newly enacted data-center ordinance. The ordinance subjects the Wrightsville project to a conditional-use permit process and requirements concerning noise, setbacks, and water and electricity disclosures.
AVAIO Digital subsidiary ADP Little Rock Data Hub filed a federal lawsuit against Pulaski County, County Judge Barry Hyde and Justice of the Peace Julie Blackwood, arguing that Ordinance 26-OR-19 is unlawful and unconstitutional. The ordinance took effect after the Quorum Court overrode Hyde’s veto and would place the company’s planned data center outside Wrightsville under a conditional-use permit process with noise, setback, water-use and electricity-use requirements.
The complaint alleges violations of open-meetings and federal utility-rate laws and claims the ordinance conflicts with planning approvals the company says it received in August. AVAIO is seeking declaratory and injunctive relief, damages and legal fees. The filing also disclosed a binding agreement with Entergy Arkansas for up to 150 megawatts of electricity at an annual cost of tens of millions of dollars, with construction required to begin soon to meet the agreement’s schedule.
Wendell Griffen, the ordinance’s initial drafter and a candidate for Pulaski County judge, defended the county’s regulatory authority and said the lawsuit reflects AVAIO’s effort to avoid basic project regulations. The case was assigned to U.S. District Judge Lee Rudofsky in the Eastern District of Arkansas.