Dear Friends and Virginians:
Tuesday, February 24 was cold and blustery at the Arlington Courthouse, where the Court of Appeals was meeting. Welcome to the front lines of the “Third Battle of Manassas,” which has been going on for 3.5 years — just a few months less than the American Civil War.
What’s at stake? The future of western Prince William County and really the entire Commonwealth of Virginia, which has been Ground Zero for data center development over the past decade. A quick recap of the relevant facts:
In December 2023, the Prince William County Board approved “the Digital Gateway” (a/k/a “Wheeler’s Folly”) — a massive development featuring 37 data centers spread over 2,000 acres. The largest data center project in U.S. history, it is sited directly adjacent to Manassas Battlefield, displacing open fields and farms where over 100,000 Americans gathered for battle.
In an event defining the term Deus ex machina, the County failed to timely place the advertisement for the December 2023 public hearing. Faced with a “lame duck” Board that would lose their seats on December 31, the developer chose to proceed with the hearing anyway … and here we are.
Tuesday’s argument consolidated two appeals, each challenging the Board’s flawed rezoning. My clients are neighboring landowners, including the American Battlefield Trust, who seek to preserve the rural crescent. (My very able co-counsel is Craig Blakeley of Alliance Group representing Oak Valley HOA). We are opposed by a half-dozen major law firms representing the top legal talent in Virginia.
The Appeals Court judges were well-prepared and peppered us with questions. They will be ruling within a few weeks and, very likely, the case will continue to the Supreme Court, unless the Prince William County Board chooses to admit its mistake and pull the plug.
The over-development of data centers in Virginia is the #1 environmental issue of our time. (Major kudos btw to Finance Chair Louise Lucas and her Committee for recently reversing the data center tax break which costs Virginia $1.0 billion in annual lost revenue).
The Third Battle of Manassas is a fight for the soul of Virginia. Massive buildings to house data are temporary — mountains and streams are not.
In time, the data center era will be over. New technology will render them obsolete, just like brick-shaped car phones.
Where will it leave us in Virginia — or will we have already left?
JCP Notes: This Tuesday, I will be back before the Virginia Supreme Court arguing the rights of property owners by enforcing “direct payment” law (Va. Code 25.1-247.1), which VDOT has been resisting for many years in condemnation matters. Then on Friday, I have my first class teaching American Constitutional Law to the Global Legal Studies class at Sogang University in Seoul. (The class is on-line). So a big week.
Last week a good friend, Delegate Barry Knight (R-Va. Beach), passed after a two-year battle with cancer. Barry was a farmer and small businessman who led the House Appropriations committee. In 2021, he and I were the co-winners of the “Legislator of the Year” from the Virginia Chamber of Commerce — seems like a lifetime ago. A true Virginia leader.
Peace,
Chap