LORDSTOWN, Ohio – Developers seeking to build a $3.6 billion data center here have filed a petition before the Ohio Supreme Court requesting it compel the village to move forward with the project’s review process.
The petition, filed Wednesday by Bristolville 25 Developer LLC and BHGH Properties LLC, requests the court issue a peremptory writ of mandamus directing that the village abide by Ohio law by “accepting, reviewing, and acting upon Bristolville’s submission and to do so throughout the site plan review process,” court papers say.
Village Council on Nov. 3 voted 6-0 to impose a ban on all future data centers in Lordstown. The ordinance is to go into effect Dec. 3.
However, Bristolville submitted its proposal to Lordstown zoning Oct. 20, before the ban was instituted. Bristolville has stated that the village has failed to abide by state law that requires public hearings on the matter.
The developers name the village of Lordstown, village Solicitor Matthew Ries, and Zoning Inspector Kellie Bordner as respondents in the matter.
A writ of mandamus is necessary, the developers said, because “the village’s refusal – as engineered by Ms. Bordner and Mr. Ries – to follow its own site plan review process leaves Bristolville without the ability to have its submission reviewed and approved by the village and without an adequate remedy at law,” court documents say.
Furthermore, the petition said that should the court not issue the writ, it would set a “dangerous precedent” and allow officials to “take the law into their own hands. Municipal officials cannot unilaterally pick and choose which development projects they will allow to be considered for a zoning permit.”
Ries, however, said that the village has complied with all its laws and procedures.
“The data center’s lawsuit is nothing more than an intimidation tactic to put pressure on the Village of Lordstown,” Ries said in a statement. “The village’s planning & zoning administrator, Kellie Bordner, fully complied with our local ordinances and submitted the data center’s plans to our village engineer for review, which is the first step in the site plan review process.”
Ries said that following an initial review, there were many deficiencies noted with the data center’s submission. These include the lack of stormwater management plans and utility information, while there was also no account for wetlands and no preliminary planning and evaluation form submitted, he noted.
“Instead of responding productively, the data center filed this lawsuit in an attempt to force its foot in the door and circumvent the village’s local ordinances, which are designed to protect the health and safety of the village and its residents,” Ries said.
Residents present at a packed Nov. 3 council meeting expressed their opposition to a data center in Lordstown. Many of them were concerned about noise and potentially higher water and electricity rates, since these data centers are known to consume a large amount of energy to operate.
Bristolville plans to develop the new center along state Route 45 and Reuther Drive on approximately 130 acres owned by BHGH Properties. A portion of the property is located in Mahoning County in Jackson Township.
Bristolville’s attorney, Cary M. Snyder, said during the council meeting that the developer submitted its proposal to the Lordstown zoning office Oct. 20, and the zoning office is bound by Ohio law to act and consider these plans. Snyder said zoning declined to act on the measure until the Nov. 3 council meeting.
“You can’t, as a village or any municipality, just sit on a submission to your planning and zoning office until maybe, maybe not the law changes,” Snyder said.
Ries said before the vote that the village is prepared to defend its position against any future lawsuits related to the matter. “The Ohio Revised Code doesn’t prohibit the banning of the industry,” he added, noting that any hearings are intended to invite affected landowners to these public meetings.
“We’ll be prepared to defend anything in terms of how the data centers respond,” he said during the Nov. 3 meeting.
Bristolville and BHGH have requested an oral argument before the court, documents show.