Group sues Statesboro over data center rezoning

STATESBORO, Ga. (WTOC) - A nonprofit group and 10 individuals have filed a lawsuit against the City of Statesboro and 4 AM Development LLC, challenging the city council’s approval of a rezoning that allows a data center campus on Burkhalter Road.

The petition was filed Sept. 17 in Bulloch County Superior Court by Coastal Community United, a nonprofit organization, along with petitioners Joan Turner, Siamak Khairi, Joan Khairi, Deborah Hurley, Jackie Fields, William Futch, Sandra Futch, Julie Brannen, Holly Pate Berry, Janiesha Jacobsen and Lorraine Braselton.

The lawsuit challenges the city’s approval of rezoning application RZ 26-07-05, which changed the zoning of a 26.49-acre property at 6539 Burkhalter Road from “R-4” residential to “O” office/business to allow 4 AM Development to build and operate a data center campus. The council approved the rezoning Aug. 18.

PREVIOUS COVERAGE: Statesboro City Council approves rezoning for data center amid protests

According to the petition, 4 AM Development proposed a 99-megawatt data center. The petition states the city passed an amendment to its Unified Development Code on June 2 permitting data centers within “O” zoning districts, while specifically prohibiting “hyperscale” data centers in the city.

The petition states the city’s approval “ignored and/or intentionally disregarded its own procedural rules, regulations and ordinances, as well as those propounded by the state legislature.”

Petitioners’ claims

The petition names six counts: a request to force a remand of the rezoning decision, violation of due process, violation of equal protection, ultra vires action, inverse condemnation and a request for declaratory judgment.

The petition states the city’s data center ordinance was designed to “prohibit hyperscale data centers, requiring instead smaller-scale ‘edge’ facilities,” but argues the 99-megawatt proposal “sits right on the edge of the standard threshold and is frequently categorized as a ‘hyperscale’ or large-scale campus.”

The petition states the city failed to obtain traffic or environmental impact studies, did not consult the Georgia Department of Natural Resources, and did not conduct a hazardous materials review for battery storage, diesel generators or cooling systems associated with the project.

The petition also states the project was not subject to a Development of Regional Impact study through the Georgia Department of Community Affairs because it fell under the size threshold that would trigger that review.

Petitioners are asking the court to declare the rezoning decision invalid and void, to declare the city’s data center ordinance unconstitutional and to remand the matter back to the council with instructions to comply with its own code and ordinances.

Background

The Statesboro Planning Commission voted 5-1 in favor of the rezoning application in early August. Residents protested the proposed rezoning later that month. The council approved the rezoning Aug. 18 amid continued protests.

The petition states the appeal is filed under Georgia’s Zoning Procedures Law and that, under state law, the filing stays all legal proceedings related to the rezoning decision.

The city of Statesboro and 4 AM Development are named as defendants in the case, filed as SUCV2026000219 in Bulloch County Superior Court.

WTOC reached out to the City of Statesboro for comment, and they shared the following statement:

“The City of Statesboro confirms it was served with a summons on Sept. 21, requiring a response to the petition within 30 days. The City intends to meet that deadline. Beyond that, we’re not able to comment on the details while the matter is pending litigation. The City of Statesboro intends to respond fully through the appropriate legal process.”