LORDSTOWN, Ohio - The core legal battle between a company seeking to construct a data center in Lordstown and village officials centers on the developer's claim that the Village is illegally blocking its proposed project. The Village's counterargument is that the application is simply incomplete.

The developers, Bristolville 25 Developer LLC and BHGH Properties, LLC, have filed in the Ohio Supreme Court what’s known as a Verified Petition for Peremptory Writ of Mandamus against the Village of Lordstown, its Planning and Zoning Administrator Kellie D. Bordner, and Village Solicitor Matthew Ries.

The Village, through its Solicitor Matthew Ries, asserts that the Planning and Zoning Office is "not refusing to proceed with site plan review” on Bristolville's submission. Instead, the Village claims the conceptual plan submitted by Bristolville on October 20, has "numerous issues" that are preventing Village officials from moving forward in their standard Site Plan Review Process.

According to the Village's motion to dismiss, the developer's initial submission was missing several crucial components required to advance the project and had issues with the physical design in relation to the property.

Village officials claim Bristolville’s submission lacked stormwater management plans or reports. It also allegedly failed to include a Preliminary Planning Evaluation Form. Furthermore, the village claims that the conceptual plan does not account for the extensive wetlands that exist on the property.

Finally, Lordstown officials claim one of the proposed buildings, "Building D," is situated directly on top of one of the Village's waterlines. The Village asserts that these are just a few examples of issues that need to be addressed upon initial review before the Village Engineer can prepare a required Work Authorization.

The Village's legal filing argues that because the submission is incomplete and the Village has stated it is under review, the developer's request for a court order is moot. The Village contends that Bristolville is incorrectly using the court system to try to "fast-track" its project and get a declaration that the laws in place on October 20 must apply to the final permit, noting that this amounts to seeking an improper declaratory judgment or advisory opinion for which the Supreme Court lacks jurisdiction.

The Village is seeking to enforce a ban on data centers, passed by the Village Council on November 3, and is set to take effect on December 3. The Village argues that until the developer complies with all requirements for a permit, a vested right to proceed under the old zoning law has not been acquired.

Instead of completing the missing forms and providing the requested information, the Village states, the developers filed a lawsuit. The Village is requesting that the court dismiss the case entirely. The Village also argues that Solicitor Ries is an improper party to the suit because he has no clear legal duty to perform the requested acts.