WILMINGTON, Ohio — 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.
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.
After three days of testimony, the judge ordered the city to redo several ordinances, including rezoning, data center use rules and generator noise ordinances. Residents argued the public was not properly notified before those measures were passed.
The ruling also gives residents more power in future hearings, including the right to present expert testimony, cross-examine witnesses, and bring legal counsel.
Jessica Sharp, who lives roughly 200 feet from the proposed 471-acre site off U.S. 68, said the outcome was not a given.
"It was a long three days in federal court! I did not expect it to take the full three days. But it did!" Sharp said.
WATCH: Sharp breaks down what led to this lawsuit and what could happen next for AWS' data center
Sharp said residents were able to show that the required public notice for each ordinance was seriously flawed.
"We were able to demonstrate to the court that there was a seriously defective required public notice for each of those ordinances, and that was enough for the court to be like, okay, the city has to fix this if they want to move forward with this site plan," Sharp said.
For Sharp, the case goes beyond the data center itself.
"I think it's a pretty clear message that the city is not above the law. And they're going to be required to be held to their own internal processes and procedures. Just like any other person is," Sharp said.
The city can still re-pass the ordinances, but Sharp said this time the public will be paying attention.
"They have to do it right. They have to hold all the public hearings, have all the public comment done again, and answer us this time around. So last time it was all done pretty much in the shadows. Nobody knew what the project was until they came knocking for a tax abatement," Sharp said.
Testimony during the case also suggested more data centers could be planned for the area. The legal fight has not come without a financial cost. Sharp said the group has already spent significantly on attorney's fees.
"We've already spent like $47,000 on attorney's fees so far," Sharp said.
Sharp and nine other families have launched a GoFundMe to help cover legal costs.
City Council is still expected to vote on a conditional use measure later this month. The city has not yet responded to WCPO's request for comment.
