A legal fight over a Pickaway County data center could limit the ability of Ohioans to push back against projects in their community.
Three Ashville residents say the village's fiscal officer, April Grube, improperly rejected a referendum that aims to block an EdgeConneX data center and natural gas facility, according to a July 14 lawsuit filed with the Ohio Supreme Court. Village officials approved the development in April and exempted EdgeConneX from the village's data center moratorium.
The project faced backlash from residents who worry it will harm the area. In response, opponents gathered signatures for a ballot referendum that would allow voters to decide whether it moves forward. Grube rejected the petition, saying residents couldn't challenge
the data center agreement.
The lawsuit asks the Ohio Supreme Court to reverse Grube's decision so voters can decide the issue on Nov. 3. But advocates say the case is bigger than Ashville and threatens part of the democratic process.
"It concerns whether one of the Ohio Constitution's most important reservations of political authority − the people's referendum power − will remain meaningful when local governments approve projects capable of permanently reshaping a community," wrote attorneys for Data Center Resistance, a group spearheaded by former Democratic gubernatorial candidate Ed FitzGerald.
In court filings, Grube's attorneys said she didn't overstep her authority or "exceed, abuse or refuse to performany clear legal duty."
The fight in Ashville comes amid a broader reckoning over data centers in Ohio. Residents have flooded government meetings to oppose developments in their backyard. State officials and political candidates, under pressure from constituents and voters, have started calling for more restrictions on companies that build them.
Part of the lawsuit targets the village council's decision to a declare an emergency for the data center. The resolution said officials needed "to accept these terms as soon as possible so that this project is not unnecessarily delayed."
Critics say the measure wasn't a true emergency and didn't need to take effect right away. Court records indicate that EdgeConneX requested the emergency designation.
State government reporter Haley BeMiller can be reached at hbemiller@usatodayco.com or @haleybemiller on X.
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This article originally appeared on The Columbus Dispatch: Ohio Supreme Court case could shape future data center fights
