A group of residents in Twiggs County has filed a lawsuit against the county government following the approval of a $2 billion data center project. The legal action, submitted to Twiggs County Superior Court on Friday, claims that officials did not adhere to local zoning and public notice regulations when they rezoned approximately 300 acres for the development on September 18.
The land in question is owned by Weyerhaeuser Company, which manages extensive timberland holdings across the United States. Eagle Rock Partners, based in Charlotte, North Carolina, is set to develop the data center. According to preliminary plans, the facility will include up to nine buildings, three substations, and two retention ponds. Once completed, Eagle Rock estimates the property’s taxable value at about $2 billion.
The plaintiffs consist of several property owners living near the site who have previously expressed opposition to the project. They are asking the court to overturn the rezoning decision that changed the land’s designation from agricultural to commercial use.
“Individual Plaintiffs own and reside at properties located adjacent to and near the Subject Property,” states the lawsuit. “As detailed below, they have a substantial interest in the zoning decision and will suffer irreparable injury and damage beyond the damage that other similarly situated owners will face should Twiggs County’s improper decision stand.”
Twiggs County’s Local Code and Land Development Ordinance requires officials to post a sign with details about any proposed rezoning at least 15 days before a public hearing. The complaint alleges that county officials placed this sign on an incorrect parcel and listed an inaccurate hearing date. Although they later amended the date, they did not move the sign onto the correct property until nine days before the scheduled hearing.
The suit further claims that these actions violated both county rules and residents’ rights regarding due process and transparency.
Additionally, plaintiffs argue that county leaders approved this large-scale project without obtaining an independent review as required for Developments of Regional Impact (DRI). Under Twiggs County’s ordinance, projects exceeding certain thresholds must be reviewed by the Middle Georgia Regional Commission (MGRC) before approval.
A DRI refers to significant real estate developments likely to affect areas beyond their immediate location. The ordinance prohibits approving such projects without first receiving an analysis report on potential impacts.
At issue is whether this requirement was met: No DRI report was available at voting time because reviews for data centers were paused statewide by Georgia’s Department of Community Affairs starting in July amid rising numbers of such proposals. According to reporting from The Atlanta Journal-Constitution (https://www.ajc.com/news/georgia-news/georgia-pauses-review-of-data-centers-as-questions-mount-over-industrys-impact/6T3D5KJZURAWZFG4C7R55UQFZI/), while state officials clarified that this pause was not a moratorium—local governments could still approve projects—they later said data centers remained subject to DRI review processes.
Ken Loeber, partner at Eagle Rock Partners, explained during a public Q&A prior to approval that delays would jeopardize necessary payments for electricity supply from Oconee EMC—a factor he said prevented waiting for an impact study from MGRC or another agency.
Loeber stated during that session: Eagle Rock has followed all processes and regulations required by state law.
However, according to plaintiffs’ filings: “The failure of the County to submit and obtain Developments of Regional Impact Review with the MGRC despite the mandatory ‘shall’ language contained in its ordinance constitutes not only a failure to follow its own Land Development Ordinance but constitutes a violation of due process,” adding: “In fact, the County failed to obtain any information or impact study other than that provided by the Zoning applicant itself.”
As with all lawsuits, these allegations represent one side of an ongoing legal dispute; county officials have yet to respond publicly or receive a court date for proceedings.
