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Judge orders Wilmington to revisit ordinances connected to proposed data center

WILMINGTON — A judge has ordered the city of Wilmington to revisit key ordinances connected to a proposed Amazon Web Services data center project after a group of homeowners argued they were shut out of the process, according to a WCPO report at: https://www.wcpo.com/news/local-news/federal-judge-orders-wilmington-to…

Ohio's open meetings law requires local governments to hold public hearings before most zoning changes. The law also requires the government to notify nearby property owners by mail at least 30 days before the hearing, to give residents sufficient time to learn about any proposals and share their opinions.

At the Potter Stewart U.S. Courthouse in Cincinnati, Federal Judge Jeffrey P. Hopkins ordered Wilmington to redo several ordinances, including rezoning, data center use rules and generator noise ordinances, after three days of testimony. 

Residents argued the public was not properly notified before those measures were passed.

The federal judge said the city could simply repeal and redo the zoning changes and ordinances without further litigation. Attorneys for Amazon said they weren’t opposed to that while arguing against an injunction. The company wants to begin site grading this September to meet its four-year project timeline.

Meanwhile, a group of Wilmington residents is also working to bring new data center regulations to the November ballot.

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