A Lackawanna County judge ruled Friday that eight Archbald residents have legal standing to challenge the borough’s data center zoning ordinance, rejecting a motion from developers who argued the residents lived too far from the proposed sites. Judge Mark Powell ruled that although the residents live between 1,600 and 5,200 feet away from the overlay districts, Pennsylvania law does not impose rigid geographical limitations that would prevent property owners from challenging local land use decisions.
Developers of the proposed Project Scott data center campus had filed a motion to dismiss, contending that established case law restricts land use appeals to property owners living within 400 to 600 feet of a site. However, Powell noted that the scale and operational characteristics of data centers, including electrical substations, water storage facilities, and noise from backup generators, create impacts that extend well beyond immediate neighboring properties. The ruling cited state precedent where residents living up to half a mile away from industrial sites were granted standing due to off-site operational disruptions.
The legal challenge stems from an appeal filed in December by residents seeking to invalidate a zoning amendment passed by four borough council members in November. Residents contend the legislation permits data centers across too many areas without sufficient community protections, particularly highlighting exemptions that allow backup generators to exceed local noise limits during power outages, emergencies, and routine daytime testing. During a recent court hearing, a noise expert representing the borough admitted there was no scientific rationale for the generator noise exemptions.
The legal battle has drawn additional support from local entities, with both the Valley View School District and the Lackawanna County Housing Authority filing requests to intervene on behalf of the residents. A hearing is scheduled for September 3 before President Judge James A. Gibbons to determine whether the school district and housing authority also possess legal standing to join the lawsuit. Attorneys representing the residents welcomed the court's decision, stating they look forward to moving their procedural challenge forward in court.
