Lordstown answers data center developer’s legal action in Ohio Supreme Court
In the newly filed answer, the village admits that the zoning office was closed on October 20 and 21 due to illness.

COLUMBUS, Ohio - The Village of Lordstown and its planning and zoning administrator filed an official response in the Ohio Supreme Court on Wednesday, denying allegations that they improperly blocked a proposed data center project, saying that a previously approved ban on such facilities has been repealed.
Bristolville 25 Developer LLC and BHGH Properties LLC filed a lawsuit against the village in November seeking a writ of mandamus. A writ of mandamus is a court order used to force a government official or body to fulfill a public duty that is required by law. In this case, the developers are asking the court to force village officials to process their site plan application for a data center on a parcel near the Ohio Turnpike.
The developers argued that Zoning Administrator Kellie Bordner refused to accept their initial application materials in October because the village council was considering a ban on data centers at the time.
In the answer filed Wednesday, attorneys for the village and Bordner denied that the developers are entitled to the writ.
The filing included the recent development regarding legislation to ban data centers, passed by the Village Council on November 3, 2025. The filing states that the village unanimously voted to repeal that ban on December 1.
The developers previously argued that the ban was set to go into effect on December 3, 2025. However, the village’s legal counsel now asserts that because the ban was repealed, the claims made by the developers may be resolved.
The dispute began when developers attempted to submit "Step One" materials for the site plan review process on October 20, 2025. They claimed Bordner closed the zoning office due to illness and subsequently sent an email stating the office could not proceed with the application until the council decided on the potential ban.
In the newly filed answer, the village admits that the zoning office was closed on October 20 and 21 due to illness. However, the village denies the developers' claim that officials had no valid excuse for delaying the process.
Wednesday’s filing comes after the Ohio Supreme Court issued an entry on December 24, 2025. In that entry, the court granted a motion to dismiss the case against Village Solicitor Matthew Ries, removing him as a party to the lawsuit. However, the court denied the request to dismiss the case against the Village of Lordstown and Bordner.
The court has also granted an alternative writ. In mandamus cases, an alternative writ is an order that effectively advances the case to the evidence stage, requiring the parties to submit proof supporting their arguments rather than dismissing the case immediately.
Both sides must file any evidence they intend to present within 20 days of the December 24 entry. Following the submission of evidence, the developers will have 30 days to file their legal brief, after which the village will have 20 days to respond.
