Cross et al. v. Town Council et al.
For Immediate Release: March 20, 2023
On March 16, 2023, a Petition for Review and Complaint was filed with the Fauquier County Circuit Court by Charles Cross and others regarding the Town of Warrenton Special Use Permit (SUP) 2022-03 for the Amazon Data Center, which the Town Council approved at its February 14, 2023, meeting.
The Town followed all state laws and local ordinances regarding the process for considering Amazon’s SUP application. The Constitution of Virginia recognizes the right to property as fundamental, and an aspect of property rights is that owners may use their property in accordance with the laws designated to protect the health, safety, and welfare of the public. In accordance with the law, the Town Council imposed conditions on the SUP to address the health, safety, and welfare concerns raised by the public comments on the SUP application.
Regarding the petition, none of the data center site’s adjacent neighbors joined the lawsuit. The citizens who filed the suit allege that the data center will affect them only as members of the general public, which does not give them standing to challenge the SUP. The petition is asking the court to substitute its judgment for the decision of the duly elected Town Council, contrary to law.
The Town looks forward to the court resolving this lawsuit.