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A Prince William County Circuit Court Judge has dismissed a lawsuit filed by the Gainesville-area Oak Valley Homeowners Association seeking to block the approval of the proposed PW Digital Gateway data center project.
The lawsuit was filed against the Prince William Board of County Supervisors last year on behalf of the homeowners association, Ian Mirkes, Gabrielle Pyle, Michael Donegan, Christopher Wall, Jeffrey Jensen, Cameron Rohrer, John Bradshaw, Stephanie Chartrand, John Hermansen and Jose Medina.
It asked a judge to rule that the board鈥檚 vote to authorize guidelines for the proposed project was 鈥渁rbitrary and capricious,鈥� arguing the action reduced residential real estate values, ignored negative comments from staff and county commissions, was taken before a water study was conducted and didn鈥檛 address noise issues.
Court documents show Chief Deputy County Attorney Alan F. Smith argue supervisors have no legal duty to address the concerns of other government bodies or individuals, including constituents, Fairfax County, the Manassas National Battlefield Park superintendent and the Prince William County Historical Commission.
鈥淚t is common for different agencies, entities, interest groups, and members of the public to have conflicting views on land use proposals. The Board is not required to consider them in acting on a [Comprehensive Plan Amendment], and is not bound by them,鈥� Smith wrote.
鈥淲hen engaging in land use planning, some groups and individuals will be dissatisfied with the result. It does not create a legal right of action for those left dissatisfied.鈥�
Oak Valley Homeowners Association President Mac Haddow in an interview said it was an 鈥渁stounding conclusion鈥� for Smith to render.
鈥淭he legislature clearly set up a requirement for the county to evaluate and consider what the comments are,鈥� Haddow said. 鈥淲hy else would it be there if the idea is that they just have to accept comments, but not consider them, particularly when they鈥檙e substantive?鈥�
He continued: 鈥淭his board is hellbent to be the great advocate for data centers. They鈥檙e elected to be our representatives.鈥�
Smith also argued the suit should be tossed out because members of the homeowners association did not demonstrate that they will suffer 鈥渁ny particularized鈥� harm from the project that is different from that which may be suffered by the general public.
鈥淲e appreciate the Court鈥檚 time and consideration in this matter,鈥� Smith said in a statement to InsideNova about the judge dismissing the suit.
Judge James A. Willet sided with the county in dismissing the suit but allowed the homeowners association 21 days from May 25 to amend and refile its complaint with some specifications, according to the homeowners association鈥檚 attorney Craig Blakeley. Blakeley declined to comment on the judge鈥檚 ruling, deferring to Haddow.
Haddow said they’re considering refiling the suit but are constrained by financial resources.
Board of County Supervisors Chair Ann Wheeler, a supporter of the Digital Gateway, did not immediately return a request for comment.
The dismissal marked the second suit brought by Gainesville residents opposing the data center project that on grounds the plaintiffs lacked the legal standing to bring a suit against the county.
Earlier in May, a suit filed on behalf of Roger Yackel, Roger Miller and Gainesville Citizens for Smart Growth 鈥� a nonprofit composed mostly of Heritage Hunt subdivision residents opposed to the gateway 鈥� was dismissed.
The Heritage Hunt residents argued the project would negatively impact the environment and nearby Manassas National Battlefield Park. They also said it would create unwanted noise, traffic and a 鈥渧isual blight鈥� on the surrounding community.
The county rebuffed their claim, arguing the residents鈥� suit amounted to a mere political disagreement with elected officials that was premised on misrepresentations of the county鈥檚 Comprehensive Plan, according to court documents.
Prince William County’s supervisors in 2022 , paving the way for the project to move forward and signaling its likely approval.
Still, the companies 鈥� QTS and Compass Datacenters 鈥� must secure rezonings for their projects proposing in Gainesville. The project is the largest and most contentious local land-use proposal in decades.
