The Oak Valley lawsuit challenging the PW Digital Gateway data center project is advancing. A judge declined to dismiss the case, requiring further evidence. An evidentiary hearing is set for March 6 to determine if legal advertisements and public notices meet requirements.
Oak Valley Lawsuit to Determine Proper Legal Notice Compliance
Prince William County Circuit Court Judge Kimberly A. Irving ruled that additional evidence is needed before deciding the case. The lawsuit was filed by the Oak Valley Homeowners Association and Gainesville residents. It questions whether the county followed proper notification procedures for the rezoning process.
The case focuses on two key issues. First, it examines whether the timing of legal advertisements met state and county requirements. Second, it investigates whether relevant rezoning materials were accessible to the public when the ads were published. Plaintiffs argue that a community member sought documents at the county complex but found them unavailable.
Irving emphasized that she could not determine fault based on the existing evidence, necessitating the upcoming hearing. If the ruling favors the Oak Valley plaintiffs, the Digital Gateway rezoning could be voided, requiring a new public hearing by the Board of County Supervisors.
Future Implications and Board Decision
The county board’s stance on data centers has shifted under new leadership. Chair At-Large Deshundra Jefferson has voiced concerns over the Digital Gateway project, which could influence future votes. The previous board, led by Ann Wheeler, approved the project in December 2023 with a narrow 4-3 vote.
Opponents claim the decision was rushed and that critical studies, including a water impact assessment, were overlooked. While plaintiffs acknowledge the importance of data centers, they argue for better site selection to minimize negative community impacts.
A separate lawsuit against the Digital Gateway was dismissed in October, but an appeal has reached the Virginia Court of Appeals. A hearing date has yet to be scheduled. Meanwhile, Judge Irving has indicated that her decision on March 6 will likely be appealed, regardless of the outcome.
