MONROVIA — A lawsuit filed last month is asking for a review of the Morgan County’s Commissioner’s decision to rezone around 390 acres of property in Monroe Township for a data center.
The suit was filed by two neighbors to the proposed center.
Susan Bouliann Kessler and Teresa L. Moore, through their attorney, David E. Dearing, filed a Verified Petition for Review on March 20 in Morgan County Superior Court I asking Judge Dakota VanLeeuwen to overturn the commissioner’s approval of the rezoning change.
No hearing date for the petition has been set. The judge could decide to recuse herself and have the case transferred to another court or judge.
Data center history
Talk about bringing a “data center” came up late last year as it was learned that several property owners around Monrovia have agreed to sell their property to an unnamed company for “development.”
It was also learned that an unknown number of county officials, both elected and appointed, had signed non-disclosure agreements agreeing not to disclose any information about the development or the company involved.
At some point, it was learned the new development was to be a data center.
The attorneys representing the company held a public meeting in early February with residents of the area. The meeting was intended to provide limited information to those residents. That information confirmed the proposed use would be for a data center, but it did not include the name of the company involved.
Residents who attended the meeting were not happy with the lack of information given out and that some of their elected officials had signed NDAs.
The Morgan County Economic Development Corp. filed a petition on Jan. 13 with the county to change the zoning for the property.
The change was from Agricultural/Residential-3 to Planned Unit Development. The change was for a five building data center campus.
The county plan commission heard the request on Feb. 10. The meeting was packed with residents who opposed the development for a variety of reasons. One of the biggest concerns was the center would devalue neighboring property and destroy their standard of living.
Over the objections of the residents, the plan commission gave it a favorable recommendation.
The request was heard by the commissioners on Feb. 18. A large number of residents attended that meeting and voiced their opposition.
Despite the neighbors’ opposition, the commissioners voted to approve the change.
Petition alleges county erred
The petitioners allege:
The center will “cause immediate and irreparable loss of both plaintiff’s property values and their use and enjoyment of their property.”
The commissioner’s “grant of the petition for (rezoning) was arbitrary, capricious, and abuse of discretion, not in accordance with the law, and unsupported by substantial evidence.”
They allege the commissioners failed to pay reasonable regard to the county’s comprehensive plan, current conditions and character of the structures and uses in the area, and concern over property values.
The plaintiffs contend the commissioners grant of the petition “was unlawful because public notice was never given of the developer or the end user.”
They ask the judge for a “declaratory judgment that the commissioner’s grant of the petition was arbitrary, capricious, and abuse of discretion, otherwise not in accordance with the law, and was unsupported by substantial evidence.”
Also for the judge to “issue an order vacating the (commissioners) grant of the petition”, and award all other relief that it deems just and proper.”
