Goochland residents sue county over Technology Overlay District approval

GOOCHLAND COUNTY, Va. (WRIC) -- Four Goochland residents are taking the county's board of supervisors and planning commission to court, alleging officials failed to lawfully and clearly explain their approved Technology Overlay District (TOD).

In November, the board adjusted zoning rules and approved the TOD and a Technology Zone (TZ) to incentivize data centers and high-tech businesses to be in eastern Goochland.

That approval came after months of community meetings and public comment periods where neighbors shared concerns about the environmental impacts, noise emissions and the county's rural character.

Plaintiff Cynthia Haas and informal legal advisor John Gessner both live near, but outside, the zone and believe their concerns could lead to unknown impacts of data center development and operations.

"Water, power: nobody knows. It borders on reckless to approve these -- or make it easier for them to be built -- without knowing exactly what the impacts are," said Gessner, who also built a career as a zoning lawyer.

"[Data center development] is coming one way or the other," Haas said. "You're throwing all this stuff into the TOD without considering the consequences."

After public hearings, the county made some changes to the project, such as increasing buffers around homes and reforming noise limits.

"It is true there were all sorts of public meetings, but there was never an opportunity to find out really what they were thinking and the reasoning for it," Gessner said.

The lawsuit claimed Goochland did not properly advertise the project, violated zoning regulations and made last-minute changes to the district without hearing from residents.

Around 300 people have donated to support Haas's and the plaintiff's filing, in hopes of reversing the TOD.

A Goochland County spokesperson says its leadership stands by its approval process. In February, its board of supervisors approved a $250,000 fund for the county's defense. If the county's defense is less than $250,000, the spokesperson said the additional funds will be returned to the county's unassigned general fund.

Another $100,000 is being used for the county's defense, part of a public officials' liability policy through the Virginia Association of Counties Self-Insurance Risk Pool.

County administration told 8News last year that revenues from businesses in the district would help lower residents' taxes and help pay for a water and sewer service debt.

The county spokesperson said in part, "Adoption of the TOD and TZ establishes standards and expectations. It does not approve any specific project. Any proposed technology development must still comply with all applicable requirements..."

"We're going to continue to fight this. We're not going to let a group of men pass illegal legislation and get away with it," Haas said. "That's not the way this is going to working in Goochland anymore."

A hearing is set for Tuesday, May 26, in the Goochland Circuit Court, where the court will decide which of the 8,500 documents filed will be submitted for the record.

Goochland has asked the court to throw the suit out, but a hearing for that has not been scheduled.

Learn more about the TOD and Goochland County's full statement on the pending litigation here.