LORDSTOWN, Ohio – A letter drafted by attorneys representing the company seeking to develop a $3.6 billion artificial intelligence data center here say that Lordstown has failed to follow proper legal procedures in its effort to ban such centers in the village.
Cary M. Snyder, an attorney for Taft Stettinius & Holister LLP, Cleveland, said in a letter dated Oct. 30 to village Solicitor Matthew Ries that Village Council “should not further violate Ohio law” by attempting to pass a ban on these centers without following proper steps outlined by Ohio statute.
Village Council is expected to vote on the data center ban at its meeting Monday. On Oct. 6, Village Council introduced an ordinance seeking to ban AI data centers in Lordstown, and the measure has gone through two readings.
Bristolville 25 Developer LLC has announced plans to develop a $3.6 billion AI data center in Lordstown on approximately 133 acres that also includes some land in Mahoning County.
Attorneys representing Bristolville say that since the proposed ban is a zoning issue, Lordstown has failed to comply with Ohio law because it has not held public hearings, nor has it provided 30 days’ notice of a time and place for a hearing regarding the ban.
The two council meetings where the ban was discussed, Snyder said, do not constitute a required public hearing designated by Ohio law.
Therefore, any ordinance passed by Village Council on Monday banning data centers would be “ineffective and invalid,” the letter stated.
Bristolville applied on Oct. 20 for a site plan review process that outlines the data center project and site plan, according to a letter written to Village Council and Mayor Jackie Woodward on Oct. 28.
During construction, the project would employ an estimated 1,600 laborers at peak, and once operational it would employ 120 full-time employees with an average wage of more than $84 per hour.
The Lordstown Planning & Zoning office nevertheless informed attorneys Snyder and Douglas Ross of Taft Stettinius via an email Oct. 21 that the office could not begin the review process until Village Council made a decision on the ban.
Lawyers representing Bristolville contend that the village has acted “unlawfully by its Planning & Zoning Office refusing to proceed with the site review process,” Snyder’s letter stated. “Village Council should not further violate Ohio law by seeking to pass a data center ban” without following procedures required by the Ohio Revised Code, the letter concluded.
The letter concluded that “Bristolville reserves all rights with respect to any and all legal remedies,” implying future legal action should the ban go forward.
Mayor Jackie Woodward said that the village would prefer to avoid any litigation over the matter, but added she does not have any power over how council will vote on Monday.
“Every meeting that we’ve had there’s been representatives of the landowners, the data center, the brokers, attorneys,” she said. “We’re going to have to lean on our solicitor for advice on how to navigate through this.”
The village solicitor would provide information and advice to council, Woodward said. “He’s going to have to help them with this. They have a choice on Monday night to go through with the third reading. Council will make their own decisions on how they want to go forward.”
Bristolville, which develops data centers across the country, said it is “excited to work closely with” the village and is interested in meeting with village officials or appearing at a council meeting, according to the Oct. 28 letter.
“Bristolville understands that you or residents may have questions, and they are prepared to answer them as needed and as soon as possible,” according to the letter.
Bristolville estimates the project will generate $21 million in direct wages annually and $11.4 million in indirect wages in the region, Snyder wrote. It also is expected to generate more than $1 million in new state and local income tax revenues annually, and millions of dollars in local property taxes.
The company also said representatives are prepared to discuss ways to assist the village and looks forward to “providing solutions for any concerns,” including water needs, noise and traffic and job creation.
“Bristolville understands the village’s critical water infrastructure upgrade needs, estimated at approximately $15 million in total” and is willing to support village initiatives, “including but not limited to providing the remaining $10.8 million balance not covered by state grants to address water issues.”
The company also will commit to a community fund for development of special projects at the mayor’s discretion.
The Youngstown/Warren Regional Chamber has urged that officials take their time in crafting any legislation related to data centers, emphasizing the potential of bringing high-paying jobs to the region.
“We encourage Village Council to take its time and seek out expertise to make sure it doesn’t pass legislation that has unintended consequences on its residents,” said Guy Coviello, president and CEO of the Youngstown/Warren Regional Chamber. “We encourage the village to table the legislation to allow time to explore the issue with experts who can provide objective, fact-based insight. The chamber would be happy to assist by convening neutral, third-party experts and facilitating those discussions to help ensure well-informed decisions.”
Woodward said that should council approve the ban, then the village would need to deal with what happens next. “If they go through with the ban, and litigation is to follow, then we will just take that one step at a time.”