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 is 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.”
A spokesperson for CyrusOne, listed in the suit as a “necessary party in interest,” told Illinois Times the company 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,” Blair Felter, vice president of communications, wrote July 9.
But more than three months since the County Board approved the zoning for the project, no land has been sold and no project labor agreement has been signed. Aaron Gurnsey, president of the Central Illinois Building & Trades Council, told Illinois Times July 10 the trade union had a commitment letter from CyrusOne and was confident the labor agreement would be signed, although he confirmed it has not happened yet.
In addition, Sangamon County tax records do not show that any of the property slated for construction of the data center has changed hands.
“We do not have a public update to share at this time. As we have throughout this process, we’ll continue to be responsive as additional information becomes available,” Felter wrote to Illinois Times July 6 in response to a question about CyrusOne closing on the land.
Still, CyrusOne has secured a 20-year tax break through the state to build the data center.
Illinois Times filed a Freedom of Information request and obtained the memorandum of understanding between CyrusOne and the Department of Commerce and Economic Opportunity, which outlines the requirements the company must meet to qualify for the 20-year state tax incentives.
The MOU, signed May 20, states there will be at least 25 jobs at the site beginning in Q4 of 2027 and at least $500 million of capital investment is to be made by March 2031.
The County Board approved a zoning change in April for four separate parcels of farmland that Dowson Farms, through various entities, previously bought in 2023 and 2025 for $7.6 million total, according to county property records. The Texas-based company’s contract to purchase is not public, so it is not known how much CyrusOne plans to pay for the 280 acres.
In 2024, CyrusOne paid nearly $61 million for about 230 acres in Kendall County to develop a data center in Yorkville. The parcels were previously owned by Green Door Capital Investments, a private equity company based in Chicago, which purchased the land in 2023 from a farm based in nearby Oswego for around $8.5 million. That farm operator, NGH Farms, purchased the land from ComEd in 2003 for $3.8 million.
At the July 14 County Board meeting, a line of speakers continued what’s become a tradition of admonishing County Board members for approving the data center project. The speakers also criticized the county’s legal counsel for steering the Board to vote on the project and the limited zoning framework approved in 2025 that allowed the process to occur.
Erin Kirkpatrick, a Sierra Club volunteer and opponent to the project, told the County Board the local zoning code for data centers is a joke.
“Our data center zoning looks like a junior high student submitted an outline as a final project and forgot to go back and fill in the substance,” Kirkpatrick said.
This article appears in July 16-22, 2026.
AI is going to cure cancer but Luddites like these want to stop that. Sickening.