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County attorney says blanket moratorium on data centers would likely be unlawful
Summary
At the June 25 hearing the county attorney told the board courts routinely overturn blanket moratoriums; he advised zoning regulations and special-use requirements as the available local tools.
During the later portion of the hearing a resident asked whether the county could enact a moratorium on data centers. The county attorney replied that courts frequently overturn blanket moratoriums and that localities should rely on zoning regulations to address the issue.
"Courts consistently overrule moratoriums," the county attorney said. "My interpretation for as the county attorney is we can't do a moratorium." Staff and the attorney suggested the county focus on clear ordinance language and the special-use process as the way to manage future proposals rather than an absolute ban that could be reversed in court.
