LORDSTOWN, Ohio – Village Council voted unanimously Monday evening to institute a ban on all future data centers in the village, placing in jeopardy a potential $3.6 billion artificial intelligence project here.
It’s now unclear whether Bristolville 25 Developer LLC will move forward with its plans to construct a new data center along state Route 45 in the southern portion of the township.
Approximately 100 residents packed the village community hall to attend the meeting. More than a dozen spoke during the session before the vote, the majority of whom opposed the development of data centers in the village. The audience erupted in applause after the 6-0 vote was announced.
The first of these public speakers, resident Tom Czoka, turned to the crowd and posed a simple question: “If you’re in favor of a ban on data centers, please raise your hand,” he asked. The vast majority of those in the audience obliged.
Many of the residents voiced concerns over water usage and energy consumption needed to power these data centers, as well as the noise that they believe is generated from these developments. Those who spoke out against the development said they feared their water rates and electricity bills would skyrocket should a data center locate in the village.
Resident Karen Krishner said she’s read numerous articles related to data centers that point to noise levels that are considered dangerous to public health. “If these things are so great, why are so many places banning them,” she said. “I feel, along with the majority of people, that this is not in the best interests of the community.”
Bristolville estimates the project will generate $21 million in direct wages annually and $11.4 million in indirect wages in the region. 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, the company said in a letter last week.
“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’s letter states.
The company also would commit to a community fund for development of special projects at the mayor’s discretion.
The vote to ban the centers was approved despite challenges from Bristolville’s attorneys who have questioned whether Village Council acted according to state law.
“We do not believe Village Council followed proper procedure under Ohio law,” Cary M. Snyder, an attorney for Taft Stettinius & Holister LLP who represents Bristolville, wrote in a letter to Lordstown village Solicitor Matthew Ries, adding that Village Council had acted “unlawfully” by failing to comply with proper procedures.
He said that since this 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.
“It is a zoning ordinance without having gone through the 30-day public hearing process,” he said. Village Council’s two earlier readings of the ordinance, he added, did not constitute a public hearing.
Moreover, he said 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 Monday’s vote.
“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.
Those materials need to be acted upon and to move forward, Snyder said. The next step would be to engage the township engineer.
Snyder’s letter concluded that “Bristolville reserves all rights with respect to any and all legal remedies,” implying future legal action should the ban go forward.
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.
“What the courts really look at is whether that notice and purpose was accomplished,” Ries said. “Here, the village has gone above and beyond. There’s been three readings of this ordinance. We’ve seen representatives from the data center, from the landowners, lawyers, real estate agents, economic development advocates in every meeting. There’s no question in my mind that that notice has been effective, and they’ve had an opportunity to be heard.”
Still, as in all matters involving litigation, Ries said there are no guarantees. “We’ll be prepared to defend anything in terms of how the data centers respond.”
Pictured at top: From left are Lordstown Councilman Robert Bond, Mayor Jackie Woodward and Solicitor Matthew Ries.