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High court supports Lordstown leaders on data center

By BOB COUPLAND 5 min read

LORDSTOWN – In a unanimous opinion, the Ohio Supreme Court ruled Tuesday that Lordstown officials were within their rights to stop processing the site-plan review requested by a Bristolville 25 developer, which was the first step toward obtaining a permit to construct four three-story data centers and ancillary structures in an area of the Trumbull County village zoned for industrial use.

Last year, village officials imposed a moratorium after Bristolville 25 had issued a permit request with the village planning/ zoning office.

Mayor Jackie Woodward said she learned of the court’s decision Tuesday.

“This is a pretty significant victory not only for Lordstown but all the municipalities in Ohio who want to maintain the ability to decide and do what is best for their local communities. This sets a precedent for other communities dealing with the same situation with data centers. It allows each community to decide what they want and what is best for their local area.”

The court’s decision indicates that Lordstown does not have to complete a site-plan review for a proposed data center that was submitted days before the village imposed a moratorium on data centers.

In November 2025, Lordstown passed an ordinance banning data centers within the corporate boundaries. In January 2026, the village repealed the total ban and replaced it with a six-month moratorium on data center construction, which was set to expire July 4. Before its expiration, the council extended the moratorium through the remainder of 2026.

Bristolville 25 initiated the first step in October 2025 under Lordstown's codified ordinances to construct the data centers and was notified the next day by the village planning and zoning administrator that a ban on data centers was pending before the village council. Two weeks later, the village council adopted the ban, which it later converted to a moratorium on data centers.

Bristolville sought a writ of mandamus from the Supreme Court to compel the village to follow its site plan review process and act upon it under the village's pre-moratorium ordinances. The company argued the village must follow the zoning law in effect on the day the company submitted its plan, which at that time did not prohibit data centers.

The court ruling stated that Bristolville's arguments may have prompted a duty for the village to act on the request had the company completed all the steps required to apply for a zoning permit. Because the company had not completed the required preliminary steps to apply for a permit, the village was under no obligation to consider its proposal.

Bristolville purchased land from BHGH Properties in February 2025 to construct the data center complex.

Under village law, an applicant for a zoning permit for new construction must undergo a site plan review overseen by the village zoning and planning office. Village officials submit a final site plan review for approval by the village's planning and zoning commission. If the commission approves the site plan, then a developer can file for a zoning permit. No construction can begin until a zoning permit is issued.

Bristolville delivered its draft site plan to begin the permitting process in October 2025. The village planning and zoning administrator responded, notifying Bristolville about the pending ban, and stated the office could not begin the site plan review until the village council decided on the ban.

Bristolville responded by asking the planning and zoning office to proceed because, at that time, data centers were still permitted under village law.

Village Solicitor Matt Ries, who reviewed the draft site plan, notified Bristolville that the village officials were proceeding with the site plan, but indicated that, based on the newly enacted ban, the proposal would likely be prohibited. Once the ban was transformed into a moratorium, the village suspended any further review of Bristolville's plan.

While the moratorium was in effect, the village's obligations to conduct site-plan reviews or to act on any application for a permit for data-center construction were suspended.

Bristolville said the company then asked the Supreme Court to order the village to move forward with the review.

Because it submitted its site plan for review before the moratorium, Bristolville argued that the village had a legal duty to proceed with the review. The court stated that Lordstown does not have a duty to act on the request, "unless the moratorium is unenforceable as to Bristolville's submission."

Late last year, village council pulled back on its ban on data centers and in January approved temporary moratorium instead.

Solicitor Matt Ries has said the originally ban was scheduled to take place in December 2025 but the 180-day moratorium was approved in January, which would give the village or any municipality an opportunity to study the environmental pollution concerns.

Ries has said under a Lordstown ordinance, a company has to operate within the permit with what was approved as a site plan review.

He said courts favor moratoriums over bans because they are temporary.

Village residents have expressed concerns that any large-scale data center would strain Lordstown's energy and water systems, drive up utility bills and bring other complications.

At the time company officials said the proposed facility by Bristolville 25 Developers LLC was to be built on 133 acres in both Trumbull and Mahoning counties, employing 120 full-time employees with an average wage of over $84 an hour.

Bristolville cited two Supreme Court decisions to argue it had a legal right to proceed with the permitting process.

The court ruled yjsyBristolville has not met the requirements to obtain a permit noting the company has not obtained the right to apply for a zoning permit from the village because it has not yet completed the village's required site review.

The court concluded the village “is under no legal duty to proceed with a site-plan review of Bristolville's project under Lordstown ordinances and Relators have not shown a clear legal right to have Bristolville's site plan reviewed under the premoratorium zoning ordinance.”

Starting at /week.