Image Credit: Nashville Zoo / Facebook & Canva.
Article by Olivia Lupia, Tennessee Conservative News –
Last week the city of Nashville secured a significant legal win over Atlanta-based data center developer DC Blox, the company seeking to construct a huge facility on property directly adjacent to the Nashville Zoo, after the company sued when the Metro Council intervened and delayed the build.
DC Blox sued Metro over new regulations passed by the City Council which instituted a temporary moratorium through Dec. 1 and new zoning rules, claiming the city acted illegally and discriminatorily by implementing the changes after the company had secured the necessary permits for the site.
The suit, in part, challenged the moratorium and sought to force the city to continue processing the permits for the planned development, which has continued to draw substantial community pushback, while the city contended the lawsuit should be dismissed entirely.
On Oct. 6, U.S. District Judge Eli Richardson appeared to agree with Nashville’s position, broadly dismissing the company’s claims, though the judge did say DC Blox can file an amended complaint within 21 days.
“Plaintiff may believe, and is entitled to believe and contend, that it received a raw deal from (or was sandbagged by), the imposition of the moratorium after it purchased the property. However, a raw deal or sandbagging- real or imagined, without more- does not a federal lawsuit make,” Richardson wrote in his opinion.
Metro Director of Law Tyler Yarbro said she was, “pleased with the ruling and remain confident that Metro has acted lawfully in its dealings with DC Blox and in the enactment of the moratorium on data center permitting.”
The Nashville Zoo also celebrated the legal victory in a post reading, “We’re also grateful to share that our petition has reached 600,404 signatures and counting! Thank you to everyone who continues to stand with Nashville Zoo. Together, we’re protecting something truly worth preserving.”
But the matter is not yet entirely settled. Besides a potential appeal in federal court, a question about whether the new zoning rules apply could determine if the project still moves forward.
A state law regarding the vesting of permit applications that took effect last year could complicate the case as it allows a property owner to lock in development rights on the say the submit a “substantially compliant” permit application versus having to wait until the permit is fully approved.
If the DC Blox project is considered to have vested rights, it can proceed under old zoning rules rather than the new restrictions adopted by the Council in July.
“We’re not out of the woods yet,” Metro Councilmember Rollin Horton said. “If they’re subject to old rules, the data centers by the Zoo will likely move forward.”
Nashville real estate expert Grant Hammond commented in a Facebook post that “Metro zoning administrator Joey Hargis previously determined that DC Blox’s permit applications had vested under Tennessee law. If those vested rights survive appeal, DC Blox may still be entitled to have parts of the project reviewed under the rules that existed before Metro changed its zoning laws.”
The Nashville Zoo and Councilmember Courtney Johnston are reportedly challenging the permits and vested determination, and the matter is anticipated to be brought before the Nashville Board of Zoning Appeals in December.
DC Blox’s legal team has not issued a public statement about the suit’s dismissal or the challenges to the Zoning Board, though the Nashville Business Journal reported DC Blox “isn’t backing down.”
Sources:
WSMV.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
One Response
GOOD!! The things are BAD neighbors.