DEKALB COUNTY, Ga. — A company is suing DeKalb County for $30 million claiming they were promised they could build a data center on land they own.
However, after spending millions developing the property, the county keeps extending a moratorium on data centers.
Channel 2’s Tyisha Fernandes found a sign on the property about a Zoning Board of Appeals hearing set for September 9 at 1 p.m. It’s unclear when the county put up the sign.
DeKalb County Commissioner Nicole Massiah has suspected for months that county officials were making promises to companies in writing, saying they could build data centers in the county.
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On Friday, her suspicions became reality when Shadowbox Studios filed a civil lawsuit against DeKalb County for $30 million.
The lawsuit claims the county misled Shadowbox Studios by telling them for the last three years that they could build a data center on this property even though it is not zoned for data centers.
NewsDrone 2 flew over the property off Moreland Avenue on International Park Drive.
“Ultimately it’s going to be held and heard in a court of law, if not settled beforehand,” Massiah said.
One of the first pieces of evidence listed in the complaint is an email from the county’s planning department.
In it, they told Shadowbox, “Although the 2015 Zoning Ordinance does not list data centers, our interpretation of this use felt more in line with communications, and the M and M-2 Zoning District would be granted by right.”
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The written promises by the Zoning Department were not approved by the Board of Commissioners.
Two years later, DeKalb County commissioners voted for a moratorium on data centers. Commissioners have since extended that moratorium until at least September 30.
A county spokesperson told Fernandes that they cannot comment on pending litigation.
Massiah wants the public to know that these deals were made without public input, and now it could cost taxpayers millions to resolve.
“You have residents that aren’t aware of this, the potential of it coming in your backyard. And in listening to the community, that is something they emphasized time and time again,” she said.
The lawsuit is expected to be brought up at a DeKalb County board meeting on Tuesday morning.
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