A new lawsuit challenges the city's use of emergency legislation to approve rezoning for a proposed Amazon Web Services data center in Wilmington, with opponents arguing the move limits residents' ability to challenge the decision through a referendum.
WATCH the latest in the fight to halt data centers in Wilmington:
Wilmington City Council unanimously rezoned more than 470 acres from rural residential to light industrial Thursday night, clearing the way for the proposed data center. The ordinances were passed as emergency legislation, which takes effect immediately.
Resident Rachel Brooks filed the lawsuit challenging the city's use of the emergency clause. She believes the designation was intentional — and that it could make it harder for voters to challenge the rezoning through a referendum.
"I feel that was intentional. Because we have a referendum on another set of parcels that were being rezoned from rural residential to light industry, that's going to be on the ballot this November," Brooks said.
Brooks said she found no justification for the emergency designation.
"I saw nothing — nothing concrete that pointed to the health, safety, or peace, public peace," Brooks said.
Previous reporting on the proposed Wilmington data center:
Brooks also pushed back on the idea that most Wilmington residents support the project.
"Listen to your constituents…we're not a silent minority. They keep saying that there's a silent majority out there that wants this. However, only actually one of the councilmen actually talked to his constituents, and eighty-one percent, eighty-one percent of his constituents don't want it," Brooks said.
The new legal fight comes months after a federal judge ordered the city to redo public meetings over open meetings violations. Council has since re-approved key ordinances connected to the project.
Resident Jessica Sharp, who was involved in the earlier legal challenge, said the city must follow its own rules.
"…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.
A judge has put a seven-day pause on the council's rezoning action. If residents are successful, the matter could go before voters on the ballot in 2027.
Wilmington voters will already decide this November on a separate data center-related referendum.
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