Judge denies request to dismiss Botetourt Google data center lawsuit

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1. 15m ago

   Judge denies dismissal of Botetourt Google data center lawsuit

   A judge has denied Botetourt County's request to dismiss a lawsuit over its performance agreement for a Google data center, allowing the case to move forward. Resident Robert Dallas filed the suit, arguing the agreement was reached behind closed doors and that the Board of Supervisors failed to reasonably explain it before a public vote as required by Virginia law. Dallas's attorney argued at a three-hour hearing that the board violated Virginia's open meeting law. The county argued Dallas lacks a legal claim. The lawsuit could pause construction of the data center project.

   Why it matters

   Botetourt County approved a performance agreement tied to Google's proposed data center campus. Dallas contends the approval process violated state open meeting requirements. A dismissal would have ended the challenge; instead, the case proceeds through the courts. Construction of the proposed data center may be paused while the litigation continues.

   What is confirmed

   • A judge denied Botetourt County's request to dismiss the lawsuit over its Google data center performance agreement, allowing the case to move forward.
   • Resident Robert Dallas filed the lawsuit challenging the agreement.
   • Dallas says the agreement was reached behind closed doors and that Virginia law required the Board of Supervisors to reasonably explain it before a public vote.
   • Dallas's attorney argued at a three-hour hearing that the board violated Virginia's open meeting law.
   • The county argued that Dallas does not have a legal claim.
   • The lawsuit could put construction of the data center on pause.

   Still unconfirmed

   • Google will proceed with construction of the proposed data center campus.

   What to watch next

   • Court proceedings on the merits of Dallas's open meeting law claim
   • Whether construction of the Google data center is paused during litigation
   • Potential appeal of the judge's denial of the dismissal request
   Sources used for this update (7)

   1. WDBJ7 — Judge denies request to dismiss Botetourt Google data center lawsuit
   2. WSET — Judge allows Botetourt County data center lawsuit to move forward
   3. Cardinal News — Lawsuit over Botetourt County data center project can move forward, judge rules
   4. Roanoke Times — 111126_roa_xx-datacenterhearing-02.JPG
   5. Lynchburg News and Advance — Freedom of Information Act lawsuit against Botetourt, Google to move forward, judge rules
   6. www.wdbj7.com — Judge denies request to dismiss Botetourt Google data center lawsuit - WDBJ ,WDBJ7
   7. wset.com — Judge allows Botetourt County data center lawsuit to move forward
   confidence 50%