This is a developing story, check back for updates.
Several Waverly residents who live approximately a mile or less from the site recently approved for the CyrusOne data center filed a lawsuit against Sangamon County and the Sangamon County Board July 6 seeking to overturn the county’s approval of the project.
Chloe Russell, a Plainfield lawyer, filed the case that claims the county’s approved resolution from April 7 is misdated as March 23, the prior month’s meeting, when the proposal was actually tabled after hours of public comment. It also claims allowing a data center on agricultural land without knowing all the impacts could be detrimental to nearby farms, residences and a nearly 20-year-old dog kennel business.
The filing also cites an Illinois local zoning law that says any county board decision related to zoning can be subject to fresh judicial review “as a legislative decision,” so long as any action taken to seek judicial review begins no later than 90 days after the decision – meaning July 6 was the last day petitioners could cite that law based on the April 7 action.
“This Court sits to determine whether the approval has any rational basis and comports with the mandatory standards of the County’s own zoning ordinance and with due process,” the filing states. “Plaintiffs seek a declaration that the approval is invalid because the project does not satisfy mandatory ordinance standards as a matter of law, because there was no rational basis for the Board’s findings, because the classification of this industrial use within the agricultural district is arbitrary and unreasonable as applied, and because the approval rested on an incomplete petition.”
It also claims the county’s two-page ordinance from July 2025 allowing data centers “is inconsistent with the County’s comprehensive plan and the governing zoning scheme.”
The State’s Attorney’s Office will represent the County and Circuit Judge Adam Giganti is set to oversee the case, although no initial court dates have been set.
“We are confident the County followed the proper procedures before the Board took its vote. The State’s Attorney’s Office will represent the County in the case,” County Administrator Brian McFadden wrote to Illinois Times. “The County has no further comment on pending litigation.”
CyrusOne, listed in the suit as a “necessary party in interest,” remains steadfast on the project.
“CyrusOne’s commitment to Sangamon County remains unchanged and we intend to be the kind of long-term partner and good neighbor the community can count on. We look forward to delivering an investment that will create hundreds of jobs, expand the local tax base, and provide lasting support for schools, public safety, and essential services. Beyond the project’s economic impact, CyrusOne will invest in infrastructure and workforce development that creates opportunity for local families,” a CyrusOne spokesperson wrote in response to a question regarding the lawsuit.
The Sangamon County Board is scheduled to meet July 14.