Appeals Court Ruling Pending in Case to Block Data Center Complex at Manassas Battlefield

(Arlington, Va.) — Today, attorneys representing the American Battlefield Trust, local property owners and the Oak Valley Homeowners Association urged the Virginia Court of Appeals to find the rushed rezoning vote in Prince William County to make way for the world’s largest data center complex alongside the Manassas National Battlefield Park, was indeed improper without proper public notice and should be voided.

Over the nearly two-hour hearing, the Trust and Oak Valley Homeowners Association lawyers pointed to improper notice given by the County ahead of the December 2023 rezoning vote, which was hastily pushed through by a lame-duck Board of Supervisors. Attorneys representing the data center developers argued against these claims, despite affirmation of them from a lower court judge last summer. An attorney for the county was present at the hearing but did not speak.  

Virginia Court of Appeals Judges Randy Beales, David Bernhard and Stuart Bernhard did not rule from the bench on the appeals; a decision is expected in the next few weeks.

The 4-3 rezoning vote in December 2023, with one abstention, came amid overwhelming public opposition and against the County planning staff’s recommendations. The terms of two pro-data center members were set to expire, which caused the rushed vote.

Already, taxpayers have been saddled with more than $1.6 million in legal fees to defend the improper Board of Supervisors’ zoning vote for the data center.

In one suit, Prince William Circuit Court Judge Kimberly Irving agreed with the Oak Valley Homeowners Association that the zoning was void because of improper public notice of the meeting, prompting appeal by the County and developers. Meanwhile, in the separate Trust-led case, a different judge had ruled that the project might advance, which was appealed by the plaintiffs.  

Because of similarities in the cases, notably the issue of improper public notice of the vote — namely that newspaper notices published on December 2, 5 and 9 did not adhere to a state code that requires them to appear six days apart for two consecutive weeks — the Virginia Court of Appeals opted to combine oral arguments into a unified hearing.

“The evidence is clear; the County did not provide proper notice for this nightmarish proposal,” said Chap Petersen, who represents the Trust and a group of county residents. “We trust the court will agree, and if not, we will be sure to pursue every possible option to appeal.”

“The Manassas Battlefield is a national treasure that welcomes hundreds of thousands of history seekers every year,” remarked David Duncan, president of the American Battlefield Trust. “The Prince William Digital Gateway not only jeopardizes this historic sanctuary, but also the tourism dollars that benefit the County and Commonwealth.”

The Prince William Digital Gateway — with 37 proposed data center buildings, roughly the equivalent of 144 Walmart Supercenters — would require 14 on-site electrical substations for operation. These data centers are expected to consume up to 9 gigawatts of electricity, enough to power over 2 million homes, and to stretch miles of high voltage transmission lines over the hallowed grounds and private homes of Prince William County.

In further support of the case brought by the American Battlefield Trust and several Gainesville residents, six leading national and regional conservation organizations with more than 1 million members and supporters filed an amicus curiae brief with the court, stressing their concern the project “would inevitably lead to the irreversible and irreparable desecration of hallowed ground and the despoiling of the natural and cultural resources” in historic Prince William County.

Manassas National Battlefield Park commemorates two critical battles of the American Civil War, the Battles of First and Second Manassas (sometimes referred to as Bull Run). Together, the two battles resulted in nearly 27,000 casualties. While the presence of a national park demonstrates the significance of these battles, important historical events occurred beyond its modern boundaries, some of which are slated to be the site of the Digital Gateway. Additionally, the proposed complex threatens the remains of those who fell and were laid to rest on the field in unknown, unmarked graves.  

The American Battlefield Trust is dedicated to preserving America’s hallowed battlegrounds and educating the public about what happened there and why it matters today. The nonprofit, nonpartisan organization has protected more than 60,000 acres associated with the Revolutionary War, War of 1812 and Civil War across 160 sites in 25 states. Learn more at www.battlefields.org.

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