Developer sues Andover over data center ban

A month and a half after the Andover Township Committee unanimously passed an ordinance prohibiting the construction of data centers in the town, a data center developer is alleging in a lawsuit that the process used to ban data centers is invalid.

National Land Development Corporation has had an interest in developing a data center at 248 Stickles Pond Road for several years dating back to 2022. Andover’s Land Use Board and Township Committee worked to incorporate what is called the Route 206 Redevelopment Plan into the township’s master plan. That redevelopment plan, among other things, allowed a data center off Stickles Pond Road.

Andover reverses course

However, after opponents of a data center in Andover made their voices heard at what turned out to be a contentious May 7 Township Committee meeting, the committee introduced Ordinance 2026-13 at a special meeting May 12. The ordinance repealed prior ordinances allowing data centers and amended and supplemented the township’s zoning code to include and designate data centers as a prohibited use in all zones within the township.

“Some people were heated and those people were pretty much from out of town,” Andover Mayor Tom Walsh said of the May 7 meeting. “I would say attendance was split 60-40 between Andover residents and people from other areas. Many people supported the idea, and many didn’t and I’m not about to tear the town apart over money. This is the best town a person could live in.”

The township’s Land Use Board on May 19 found the anti-data center ordinance to be consistent with Andover’s master plan. That set the stage for unanimous final adoption at the May 28 Township Committee meeting.

Walsh told Straus News that a data center on 90-plus acres off Route 208 and Stickles Pond Road had potential to bring in $5 million a year for 30 years as part of a PILOT (payment in lieu of taxes).

Groups such as Sussex Visibility Brigade, New Jersey Democratic Socialists of America and Climate Revolution Action Network opposed a data center, saying, among other things, that it could be harmful to the environment.

National Land Developers cries foul

The plaintiff alleges Ordinance 2026-13 has no legal authority and was “improperly and unlawfully adopted” because it is not in accordance with the Municipal Land Use Law.

The lawsuit cites Township Attorney Fred Semrau’s words at the May 12 Special Meeting where Ordinance 2026-13 was introduced, as he noted there were only 16 days between introduction and proposed adoption of the ordinance, whereas the process of a Land Use Board consistency determination usually takes 30-45 days.

The legal action goes on to state that on May 19, the Land Use Board “conducted a perfunctory and meritless review of the master plan and incorrectly determined Ordinance 2026-13 was consistent with the master plan which expressly contradicted its previous actions regarding Ordinance 2025-15, Ordinance 2026-08 and Ordinance 2026-10. The consistency determination was arbitrary, capricious and unreasonable.”

Marc Leibman of Chiesa Shahinian & Giantomasi, the firm representing National Land Developers, said he could not comment without permission from his client.

Walsh said while he is optimistic about the outcome, he too has no comment on the matter.