City of Imperial’s data center lawsuit hits setback as court rejects amended complaint

The City of Imperial’s legal challenge to the Imperial Valley data center project has encountered a setback. On February 10th, the Superior Court of California, County of Imperial, ruled that the city’s amended complaint did not present a legally sufficient case. The lawsuit originally claimed the project required rezoning and a Conditional Use Permit (CUP), thus disqualifying it from a California Environmental Quality Act (CEQA) exemption, but the court disagreed.

Initially, Imperial County determined the data center, located on industrially zoned land, was permitted under existing zoning regulations and approved a grading permit, exempting it from CEQA review. The city’s first complaint spanned 23 pages and 97 paragraphs, but was deemed insufficient, prompting an amended version of 35 pages and 121 paragraphs. Despite the expansion, the court still found the complaint lacking legal basis.

The court has granted the city one final opportunity to amend its complaint, and the city’s counsel indicated an intention to do so. The data center project, developed by Imperial Valley Computer Manufacturing LLC, continues to move forward through the county’s permitting process, and further updates will be provided as the legal proceedings continue.

(Source：Ttownmedia)