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Lordstown repeals data center ban

LORDSTOWN — Last month, village council approved a ban on data centers in the community. After a 30-minute executive session with lawyers, that decision was repealed Monday.

Council also removed from the agenda a motion to place a 180-day temporary moratorium on granting and issuing new permits for data centers. A public hearing on the data center moratorium is set for 5:30 p.m. Jan. 5, after which council will act on the motion.

Village Solicitor Matt Ries told more than 40 residents and guests that he recommended council repeal the ordinance on the data center ban and instead consider a 180-day moratorium.

“I know this will be unpopular, but as your solicitor it is my job to give legal advice based on what I think is in the best interest of Lordstown even if people don’t want to hear it. Ohio courts favor moratoriums over outright bans, and a moratorium is a much better avenue to address concerns and issues about data canters or any business,” Ries said.

In addition to representation from Ries, the village also is using outside attorneys with the legal firm of Frank Sciadlone, John Pinzone, and Mazanee, Raskin and Ryder Co. LPA in the lawsuit filed by Bristolville 25 Developer LLC and BHGH Properties LLC, which want to construct a data center in the village.

The two companies filed a lawsuit against the village, asking the Ohio Supreme Court to not dismiss their case of building the data center.

The matter was taken to the Ohio Supreme Court last month with the companies asking the court to order the village to review and act on their plans for the data center.

The original ordinance to ban data centers was passed through an emergency reading by council Nov. 3 and would have gone into effect 30 days from then, which is this week.

Company officials have said at past council meetings that they submitted plans for the data center before council even passed an ordinance, so village zoning laws would have permitted a data center at the time.

Councilwoman Jessica Blank said she only voted to repeal the ordinance based on legal advice from Ries.

“I am against data centers coming here and am concerned about the public health and safety of our residents, but I am following the advice of several lawyers,” she said.

Councilman Robert Bond said he also has been told it is best to act on the advice of an attorney when lawsuits are involved.

“I was told if you don’t listen to your attorney, it will be a mistake,” he said.

Resident Tom Czoka said he was concerned council did away with the ban on data centers and then pulled from the agenda placing a temporary moratorium on permits for data centers.

“We have no moratorium in place until after January. We have the whole month of December for any data center that wants to come in. The village is wide open for business right now,” Czoka said.

Ries said the village is not wide open for a data center since there is a process to follow for any business coming in with the village planning commission. He said there needs to be a site plan review for any data center or other business.

Mayor Jackie Woodward said a company can apply for a site plan review for a data center, which is needed before any permit is issued. Ries said this process takes time.

“Officials will have time to do their due diligence and determine what will be in the best interest of the municipality. They can also address the concerns of the residents,” Ries said.

He said the company seeking the data center has given the village some preliminary documents, which are being reviewed by the engineer.

“There is still information lacking and unanswered questions the village has,” Ries said.

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