Oldham County board denies three appeals challenging planning director’s 'private utility' label for proposed data center

The Oldham County Board of Adjustments and Appeals on June 12 denied three separate administrative appeals that challenged Planning Director Ryan Fisher’s treatment of a proposed data-center application as a "private utility," ruling the appeals untimely or moot after the applicant withdrew the original Highway 53 submission.

The appeals were filed by Robert Houchins; Nana Lampton (represented by attorney Randy Strobo); and Nathan and David Oberg (represented by Hank Graddy) and the organization We Are Oldham County. The appeals asked the board to overturn Fisher’s interpretation that a hyperscale data center application for 3557 North Highway 53 (Project Lincoln) could be processed as a private utility and therefore be eligible for a conditional use permit.

Why it matters: The planning director’s classification determines what review process applies and whether an application will come before the Board of Adjustments for a conditional-use hearing. Appellants argued the county’s zoning code does not specifically list “data center” and that Fisher’s interpretation was legally incorrect; the county and the applicant’s representative argued the director reasonably applied the private-utility definition in the ordinance and that the appeals were procedurally untimely or moot because the Highway 53 application was withdrawn.

Factual background and board action

Mark (staff) read the docket material to the board at the start of the hearing, identifying the matter as an administrative appeal related to property at 3557 North Highway 53 in La Grange. Anna Barge, senior planner, summarized the case history, noting Project Lincoln’s technical-review-committee submission and that Western Hospitality Partners (WHP) had later withdrawn the conditional-use and variance applications for the Highway 53…