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Lawsuit aims to halt $4 billion data center project in Indianapolis

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INDIANAPOLIS — A neighborhood organization and a half-dozen property owners filed a lawsuit Friday in Marion County to reverse a government decision to allow a $4 billion data center project on the southwest side of Indianapolis.

Seattle-based Sabey Data Centers plans to build a center with more than 1 million square feet on a campus across multiple properties along Kentucky Avenue and Camby Road. Sabey’s website says site preparation is expected to start this year, with the first building completed by 2028 and the second building by 2030.

The lawsuit filed in Marion Superior Court 5 alleges that the Indianapolis Metropolitan Development Commission and the City-County Council approved variances and commitment modifications for the proposed Sabey Data Center Technology Park that violate the petitioners' due process rights and Indiana law.

The lawsuit also argues that the proposed data center conflicts with the area's city-approved planned use for a mix of retail, offices and residential uses.

The lawsuit also reiterates concerns about health and safety presented during hearings on the project.

The Decatur Township Civic Council; Timothy W. McWhirter and Janice F. McWhirter as trustees of The McWhirter and McWhirter Revocable Living Trust; Charles E. Young II; Leslie Young; Loueva Gay Young as trustee of the Young Revocable Trust; Patricia C. Andrews; and Russell H. Glashan filed the lawsuit. Attorney Arie Lipinski, who specializes in environmental and property rights, is representing them.

The lawsuit was filed against the Metropolitan Development Commission; the City-County Council; Sabey Data Center Properties LLC; SCP Decatur Technology Park LLC; and Strategic Capital Partners LLC.

Online court records show summons went out Monday to the defendants, giving them about two weeks to respond to the lawsuit. No hearings had been set as of Tuesday night.
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