Litigation is emerging in the wake of the controversy over the Data Centers project in Newark.
Residents and an environmental group filed an an appeal over a conditional rezoning decision by the City of Newark. Earlier, published reports indicated a former deputy attorney general whose property is said to be near the proposed project filed a similar action.
The latest appeal filed by the members of the group Citizens Against the Newark Power Plant and Delaware Audubon joins an action filed by a retired deputy attorney general whose property is said to a short distance from the site.
At issue is whether the plant is an “accessory use” that will provide much of the power to the project or if the power plant should be broken out separately, a use that would not appear to be allowed.
The Data Centers project is proposed on the university’s Science, Technology and Advanced Research campus (STAR) at the former site of the Chrysler assembly plant. The project carries a price tag of up $1.1 billion and would employ thousands in the construction phase.
The power plant is designed to give the site 24/7 power for the growing volume of data storage that is emerging as more documents are being generated. The plant is limited to selling 30 percent of its power on the open market.
In addition to the zoning issue, the project will face environmental permits and public hearings.
Opponents have cited everything from noise to pollution and lower property values as reasons for rejecting the power plant.
Supporters of the plant are worried that hard-core opposition to the project will reduce chances of Delaware gaining back job losses that occurred in 2009 and make other potential employers think twice before locating to the area
While employment has grown in the past year, it is expected to take at least a couple of more years to make up for the 2009 job losses.
