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Ferguson Voted This Down in May. It Is Back With $7.5 Million Added, the Same 75 Percent Abatement, and a Term Sheet That Budgets $400 Million for Power the Project Says It Will Not Use.

Ferguson's City Council rejected the Project Butterfly tax abatement 3 to 3 on May 5, 2026. On September 10 it returned at first reading with $7.5 million for a neighborhood nonprofit attached and the abatement unchanged. The city's own term sheet budgets $400,000,000 for power grid infrastructure on a campus the developer says will never exceed its historical 14 megawatts. The Ferguson-Florissant School District puts its loss at $71 million over 15 years. Here is the record, line by line, including which resident claims we could verify and which we could not.

Case facts

Dispute, no suit filed

Status
No lawsuit filed. Bill at first reading before the Ferguson City Council September 10, 2026 after a 3 to 3 defeat on May 5, 2026; a final vote could come later in September
Dispute
Ferguson residents, the Ferguson-Florissant School District, the Ferguson Library District and the St. Louis County NAACP against a Chapter 100 tax abatement package for redevelopment of the former Emerson Electric headquarters campus, which includes expanded data center use
Forum
Ferguson City Council. No court filing as of September 11, 2026
The site
217 acres at 8000 West Florissant Avenue, Ferguson, Missouri. The former Emerson Electric headquarters, owned by Copeland, with a LEED Gold certified data center operating on campus since 2009. City documents state the buildings are about 80 percent vacant
Developer
SSL Investments, LLC, a special purpose entity formed in 2023, whose principal is Jim Onder, founder and managing partner of Onder Law. The campus would be leased to Next Revolution Technologies, also run by Onder. Onder closed the purchase for roughly $18 million in July 2026
Public support requested
Chapter 100 industrial revenue bonds of up to $22 billion, funding a 75 percent real property abatement for years 1 to 12 of a 15 year term, a 75 percent personal property abatement for all 15 years, and a sales and use tax exemption on construction materials
Private investment claimed
The term sheet states "Over $1,810,000,000" and reaches that figure using the low end of its own equipment range. The same table runs equipment from $1,000,000,000 to $7,500,000,000, which puts the top of the developer's stated range at about $8.31 billion
Binding preconditions
250 retained full time equivalents before the real property exemption starts, 100 new on campus full time equivalents that expressly "does not include retained jobs" before the personal property exemption starts, and $175 million of new capital investment within four years
Votes
Rejected 3 to 3 with one abstention on May 5, 2026, Mayor Adrian Shropshire voting no and Council member Michael Palmer abstaining. Reintroduced at first reading September 10, 2026 by Council members Nick Kasoff and LaMika Covington. No vote taken
Litigation
None. No lawsuit has been filed by residents, the City, the school district or the developer

Key Takeaways

  • Nothing has been approved and nothing is built. The Ferguson City Council rejected the Project Butterfly incentive package 3 to 3 with one abstention on May 5, 2026. On September 10, 2026 it came back at first reading, sponsored by Council members Nick Kasoff and LaMika Covington. No vote was taken that night and a final vote could come later in September.
  • The single sharpest number in the record is one almost nobody has quoted. The term sheet the City published as Exhibit A to Resolution 2026-05 breaks $792,000,000 of construction costs into four lines, and the largest by far is "Power Grid Infrastructure $400,000,000." The developer's answers to residents say the opposite of what that line implies: that Ameren "has historically provided up to 14 megawatts" to the campus and that "we do not anticipate that the Project will create any additional electrical demand from Ameren beyond historical usage."
  • Those two statements are difficult to hold at once. Our arithmetic, using the developer's own figures: grid interconnection work for large loads is commonly priced in the low millions of dollars per megawatt, so $400 million buys grid capacity an order of magnitude beyond 14 megawatts. The company does not resolve this. Asked directly for the maximum power capacity at full build out, the Q&A answers that it is "impossible to determine at this stage."
  • The reassurance the developer offers about electric bills describes a rule that would not apply to the project it describes. The Q&A tells residents that high demand properties "are in a separate rate class under Missouri law," pay for their own grid upgrades and "post financial security." That regime is real. The Missouri Public Service Commission approved Ameren Missouri's large load tariff, and it applies to customers taking 75 megawatts or more. A campus that genuinely stays at 14 megawatts never enters it. A campus that enters it is by definition drawing more than five times what the developer says it will draw.
  • The Ferguson-Florissant School District estimates it loses $71 million in real estate revenue over the 15 year life of the abatement. Superintendent Howard E. Fields III put the district's history on the record on April 13, 2026: roughly $37 million lost to tax increment financing and abatements from 2010 through 2024, an average of $2.47 million per school year. He gave one worked example. On the Northpark Partners properties in 2025, total taxes came to $634,006.87 and the district received $10,027.09, or about 1.5 percent.
  • The resident claim that the headline jobs number counts people who already work on the campus is largely right, and the term sheet is clearer about it than the marketing is. The public benefits list leads with "retention of up to 300 Copeland headquarters jobs" followed by "up to 170 to 200 new jobs in Phase One." The binding preconditions in the term sheet are 250 retained full time equivalents and 100 new full time equivalents, and the term sheet states in plain language that the 100 "does not include retained jobs." The enforceable floor for new hiring is 100 people on a 217 acre campus.
  • We could not verify the claim that the returning version carries worse conditions. Every documented change adds money: $750,000 a year for ten years to the Ferguson Neighborhood Improvement Program, $700,000 to the city, and a $250,000 environmental monitoring fund. What did not change is the thing the council rejected. The 75 percent abatement, the payment in lieu of taxes floor pegged to 2024 assessed values, the $22 billion bond ceiling and the absence of any megawatt or water cap all carry over, and none of the six protections the school district asked for in April appears in the filed changes.

No lawsuit has been filed over the data center proposed for the old Emerson campus in Ferguson, Missouri, and no incentive has been granted either. What exists is a rejected deal that came back. On March 14, 2026 the City Council passed Resolution 2026-05, authorizing the city manager to negotiate with SSL Investments, LLC over 217 acres at 8000 West Florissant Avenue under the code name Project Butterfly. Four days later the Council held a special meeting, and residents filed 52 questions the City later answered in writing. On April 13 the Ferguson-Florissant School District formally opposed the package. On May 5 the Council rejected it 3 to 3 with one abstention. In July the developer closed on the campus anyway, for roughly $18 million. On September 10 the package returned at first reading with $7.5 million attached for a neighborhood nonprofit, and residents shouted from the floor when the mayor cut a speaker's time. This piece works from the two documents that matter most and that almost no coverage has quoted directly: the term sheet the City attached to its own resolution, and the City's 52 answer Q&A. Where a resident's claim checks out we say so. Where it does not, we say that too.

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What is actually on the table, in the city's own term sheet

Most reporting on Ferguson quotes two numbers: $1.8 billion of investment and $22 billion of industrial revenue bonds. Both come from the same document, and the document says more than either number suggests. Exhibit A to Resolution 2026-05 is headed "PROJECT BUTTERFLY, INCENTIVE TERM SHEET, CITY OF FERGUSON, MISSOURI," and it itemises the investment like this.

LineAmount
Acquisition costs (marked "still being negotiated")$18,000,000
Construction costs$792,000,000
Initial building renovations$17,000,000
Power grid infrastructure$400,000,000
Campus capital projects$350,000,000
Additional use specific construction$25,000,000
Equipment purchase and installation$1,000,000,000 to $7,500,000,000
Stated totalOver $1,810,000,000

The arithmetic is worth doing, because the headline figure everyone repeats is the floor rather than the estimate. Eighteen million plus 792 million plus the bottom of the equipment range is exactly $1.81 billion. Run the same table with the top of its own equipment range and the project is about $8.31 billion. The developer is not hiding this. It is simply that a document offering a range of $1 billion to $7.5 billion for equipment has been reported as a $1.8 billion project.

The public support requested against that investment is a Chapter 100 transaction under sections 100.010 and following of the Revised Statutes of Missouri. The city issues industrial revenue bonds, takes title to the property, and leases it back, which is the mechanism that makes the property temporarily exempt. The abatement schedule in the term sheet is specific:

  • Real property: 15 year term. Years 1 to 12 at 75 percent abatement, year 13 at 60 percent, year 14 at 35 percent, year 15 at 20 percent.
  • Personal property: 15 year maximum per parcel, with all parcels required to commence within 10 years. Years 1 to 15 at 75 percent abatement.
  • Payment in lieu of taxes: an annual fixed payment equal to the unabated liability after the abatement percentage is applied.

Personal property matters more here than it usually does. Servers, chillers, transformers and switchgear are personal property in Missouri, and the equipment line in this term sheet runs to $7.5 billion. A 75 percent personal property abatement running the full 15 years is the largest single concession in the document, and it is the one attached to the line item that grows if the campus becomes a large data center.

The power question, and why $400 million does not sit beside 14 megawatts

Residents asked about electricity more than any other subject. The City's Q&A answers seven separate questions about it, and the answers are consistent with each other. Question 8: Ameren "has historically provided up to 14 megawatts of electricity to the fully operational campus without any impact to residents. Our plan is to work with our energy provider(s) to develop the campus in a way that will not require electricity from Ameren beyond historical levels." Question 9: "We do not anticipate that the Project will create any additional electrical demand from Ameren beyond historical usage." Question 45: "There are no plans to use more electrical power from our energy provider(s) than the campus used under Emerson. Usage will remain at current levels or lower."

Now set that against the term sheet the same city published. Power grid infrastructure: $400,000,000. That is more than half of all construction spending, and it is twenty three times the $17 million allocated to renovating the buildings.

Our arithmetic, and we flag it as ours rather than the City's: utility interconnection work for large loads, meaning substations, transformers and transmission, is commonly priced in the range of roughly one to three million dollars per megawatt of firm capacity. At those rates $400 million corresponds to somewhere between about 130 and 400 megawatts. Even granting wide error bars and the possibility that some of that sum covers on site generation rather than utility interconnection, the gap between the two documents is an order of magnitude. You do not spend $400 million to keep a campus at 14 megawatts.

The Q&A does not close the gap. Asked in question 43 for "the maximum total power capacity planned at full build-out, in megawatts," the answer is that the mix of uses "is not known and is market-dependent, making a specific maximum power figure impossible to determine at this stage." Both things are said in the same document: the project will not exceed historical levels, and the maximum cannot be determined.

Two smaller power facts are worth keeping. The Q&A says at question 8 that "There are no plans for diesel generators or for storing large diesel supplies on campus," which is a meaningful commitment and a narrower one than it first reads, since question 52 confirms the existing data center "does use a gas generator for emergency protocols." And question 12 leaves a door open that residents in other towns have watched swing wide: behind the meter generation "reserved for genuine emergency situations or other limited uses (for example, if Ameren reports grid strain and campus use of generators could assist Ameren in responding to such strain)." Our guide to data center generators and what they emit covers how "emergency only" commitments are written and when they hold. For the bill side, see data centers and your electric bill.

What the school district says it loses, in its own numbers

The Ferguson-Florissant School District is the taxing body with the most to lose and no vote on the outcome. It put its position in writing on April 13, 2026, over the signature of Superintendent Howard E. Fields III, Ph.D., and the statement is the most concrete document any party has produced in this fight.

The district's estimate is that it loses approximately $71 million in real estate revenue over the 15 year life of the project. That figure sits on top of a history the statement lays out: roughly $37 million lost to tax increment financing and abatements between 2010 and 2024, which the district averages at $2.47 million per school year.

The statement's most useful passage is a worked example rather than a projection. On the Northpark Partners properties in 2025, the district reports that total taxes came to $634,006.87 and the district received $10,027.09, or roughly 1.5 percent. That is what an abatement looks like from inside a school budget, and it is why the district is unwilling to take the structure on faith.

The district also flags a detail that has drawn almost no coverage and that residents should understand before the vote. The payment in lieu of taxes floor is tied to 2024 assessed values, while 2025 assessed values on the campus are higher. Freezing the floor at the earlier year lowers the payment for the life of the deal.

One more comparison belongs here, because it cuts against an argument the developer makes well. The developer's public site notes that the property currently generates "less than $1 million per year" for Ferguson, and that is fair: an 80 percent vacant campus is not a tax engine. The district's statement supplies the matching figure from its own side of the ledger. Annual local taxes from Emerson "generally ranged from the mid-$200,000s and declined to roughly $227,000 in 2024." Both parties are describing a property that had stopped paying much. The disagreement is about whether a 75 percent abatement for twelve years is the only way to change that. For how these deals are structured elsewhere and where they have been renegotiated, see our guide to data center tax abatements.

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The jobs number, checked

A Ferguson resident told us the campaign's job figures "reflect the people who already work there." That claim is largely correct, and the primary documents are clearer about it than the public materials are.

The City's Q&A gives the same formulation five separate times, at questions 22, 23, 31, 32 and 50: "retention of up to 300 Copeland headquarters jobs, creation of up to 170 to 200 new jobs in Phase One alone, hundreds of construction jobs." The 300 is not hiring. It is Copeland staying, and question 24 confirms Copeland already owns the campus and would lease back a portion after the sale. The largest number in the benefits list describes people who work there today.

The term sheet is more disciplined than the brochure, and this is the part residents should read before the vote. It creates two separate, binding preconditions:

  • Job Retention Requirement: "250 retained FTE as a PRE-CONDITION to issuance of Chapter 100 Bonds and real property tax exemption commencement."
  • Job Creation Requirement: "100 new FTE located on campus (does not include retained jobs) as a PRE-CONDITION to issuance of Chapter 100 Bonds and personal property tax exemption commencement."

So the term sheet does separate new from retained, explicitly and in parentheses, which is more than the marketing does. The honest reading is that the resident is right about the headline and wrong about the fine print. The enforceable commitment is 250 existing jobs kept and 100 new jobs created on 217 acres. The "170 to 200" that appears everywhere in the public materials is an expectation carrying the words "up to," and it is not the number the City can enforce.

Is the returning version worse? What actually changed

The resident who contacted us said the proposal is "being brought back with worse conditions than the last." We went looking for that and could not verify it, and saying so is more useful than agreeing.

Every change we can document in the filed materials and the September 10 coverage adds money. The Ferguson Neighborhood Improvement Program, an independent Missouri nonprofit that funds home repairs, would receive $750,000 a year for ten years, a total of $7.5 million. The city would receive $700,000 for services and community impacts, up from $500,000 in an earlier draft. A $250,000 environmental mitigation fund with monitoring equipment is added. On its face that is a better deal than the one the Council rejected in May.

The sharper question is what did not change, and the answer is the entire structure that drew the objection:

  • The 75 percent real property abatement for years 1 to 12, and 75 percent personal property abatement for all 15 years.
  • The payment in lieu of taxes floor pegged to 2024 assessed values while 2025 values are higher.
  • The bond authorization of up to $22 billion.
  • The preconditions of 250 retained and 100 new full time equivalents.
  • The absence of any cap on megawatts, any cap on water, or any named tenant beyond Copeland.
  • All six of the protections the school district asked for in April.

So the fair verdict is this. We found no document making any term worse. We also found no document making the contested terms better. Residents who objected in May to a structure have been offered a payment rather than a change to the structure, and it is reasonable to describe that as being asked the same question twice with cash on the table. That is a different claim from "worse conditions," and it is the one the record supports.

What an injunction would actually require here, and what is more likely to work

Residents organising this weekend told us they are gathering information for an injunction. It is worth being straight about what that would and would not do, because the timing in Ferguson does not favour it yet.

A court will not enjoin a city council from voting. Legislative acts are not ordinarily restrained before they happen, and there is no decision yet to challenge: the September 10 meeting was a first reading with no vote taken. An injunction needs an act, a legal defect in that act, and a plaintiff with standing to complain of it. Right now Ferguson has none of the three. Our guide to what it actually takes to get an injunction against a data center walks through the showing courts require, including the irreparable harm element that defeats most of these petitions.

What the record here does support is narrower and, on the evidence, stronger:

  • Missouri Sunshine Law requests. The City says at question 30 that it "has hired outside experts and law firms to conduct its own independent tax impact analysis, the results of which will be made public as part of the process." If that analysis exists and has not been published before the vote, it is a public record and it is the single most valuable document a resident could obtain. Our guide to fighting a proposed data center includes the request language.
  • The gap between the two city documents. The $400 million power grid line and the 14 megawatt assurance appear in materials the City itself published. A council member can ask the developer to reconcile them on the record before voting, and an answer given on the record is an answer that can be enforced later.
  • A megawatt cap in the development agreement. The term sheet says the development agreement will fix "the exact terms of the Chapter 100, the Job Retention Requirement, the Job Creation Requirement and/or Minimum Capital Investment Requirement." It says nothing about power. A numeric cap written into that agreement is the protection that matches the actual risk, and question 13 records the developer saying that if the City asked for generator limits, "that request would be welcomed."
  • Post decision review. If the abatement passes, challenges run against the ordinance and the process rather than against the idea. Deadlines are short and jurisdiction specific; see zoning appeal deadlines by state.

Residents are also pursuing a recall of the three council members who supported the package in May. That is a political remedy rather than a legal one, and it runs on Missouri's municipal recall rules rather than on any court's calendar.

Frequently asked questions

Is there a lawsuit over the Ferguson, Missouri data center?

No. As of September 11, 2026 no lawsuit has been filed over Project Butterfly by residents, the City of Ferguson, the Ferguson-Florissant School District or the developer. The dispute is being fought entirely through City Council process. The incentive package was rejected 3 to 3 with one abstention on May 5, 2026 and returned at first reading on September 10, 2026, with a final vote possible later in September.

Is Ferguson borrowing $22 billion for a data center?

No. The $22 billion figure is the maximum authorization for Chapter 100 industrial revenue bonds, which is a conduit financing structure. The city issues the bonds and holds title so the property can be leased back and temporarily exempted from tax. The term sheet states in capital letters that the city will have no financial obligation for the bonds and that the city's funds will never be at risk, and that is accurate. The public cost in a Chapter 100 deal is the tax abatement, not the bond.

How much power will the Ferguson data center use?

No maximum has been stated. The developer's answers say Ameren historically supplied up to 14 megawatts to the campus and that the project does not anticipate exceeding historical levels. The same Q&A, asked for the maximum capacity at full build out, answers that it is impossible to determine at this stage. The City's own term sheet budgets $400,000,000 for power grid infrastructure, which is more than half of all construction spending and, on standard interconnection costs, corresponds to capacity an order of magnitude above 14 megawatts. Those documents have not been reconciled publicly.

How much water will it use?

No figure exists. Question 15 of the City's Q&A states that a daily usage estimate cannot be provided because tenants have not been identified. The developer says campus water comes through a private contract rather than Missouri American Water, so campus usage does not appear on residents' water bills, and that a closed loop system may be used with water recaptured on site. No cap on water use appears in the term sheet.

How many new jobs would Project Butterfly actually create?

The enforceable number is 100. The term sheet makes 100 new full time equivalents on campus a precondition to the personal property tax exemption and states expressly that this figure does not include retained jobs. Separately it requires 250 retained full time equivalents as a precondition to the real property exemption. The widely quoted figures of up to 300 retained Copeland headquarters jobs and up to 170 to 200 new Phase One jobs are expectations qualified by the words up to, not commitments the city can enforce.

How much does the Ferguson-Florissant School District lose?

The district estimates approximately $71 million in real estate revenue over the 15 year life of the abatement. In its April 13, 2026 statement the district also reports roughly $37 million lost to tax increment financing and abatements between 2010 and 2024, averaging $2.47 million per school year, and gives a 2025 example in which total taxes of $634,006.87 on the Northpark Partners properties returned $10,027.09 to the district, about 1.5 percent.

Who is behind the Ferguson data center project?

SSL Investments, LLC, a special purpose entity formed in 2023, whose principal is Jim Onder, founder and managing partner of the Onder Law firm. The campus would be leased to Next Revolution Technologies, which Onder also runs. Onder closed on the 217 acre former Emerson Electric headquarters for roughly $18 million in July 2026. Copeland, which owned the campus, would lease back a portion for its global headquarters. No other tenant has been named publicly.

Can residents get an injunction to stop the Ferguson vote?

Not against the vote itself. Courts do not ordinarily enjoin a legislative body from voting, and as of September 11, 2026 no decision has been made that could be challenged. An injunction requires an act, a legal defect in it, and a plaintiff with standing. The remedies the record currently supports are Missouri Sunshine Law requests for the city's own independent tax impact analysis, pressing for a numeric power cap in the development agreement, and post decision review on short jurisdictional deadlines if the abatement passes.

Article sources

Our editorial standards require primary sources: government publications, regulator data, company filings, and established industry research.

  1. 1.City of Ferguson: Resolution 2026-05, inducement resolution and Exhibit A Project Butterfly incentive term sheet, introduced by Mayor Jones and passed March 14, 2026, stating investment of "Over $1,810,000,000", power grid infrastructure of $400,000,000, equipment of $1,000,000,000 to $7,500,000,000, and the 75 percent abatement schedule and job preconditions
  2. 2.City of Ferguson: Project Butterfly Resident Q&A, 52 answers to questions filed after the March 18, 2026 special City Council meeting, answered by SSL Investments principal Jim Onder, counsel Ernesto Segura, and Copeland Chief Legal Officer Christine Carney
  3. 3.Ferguson-Florissant School District: Statement Regarding Project Butterfly, April 13, 2026, signed by Superintendent Howard E. Fields III, Ph.D., reporting approximately $37 million lost to TIFs and abatements 2010 to 2024 and the Northpark Partners example of $10,027.09 received on $634,006.87 in total taxes
  4. 4.St. Louis Public Radio: Rejected once, tax break plan returns for Ferguson data center and Emerson redevelopment, September 10, 2026
  5. 5.St. Louis Public Radio: Ferguson rejects tax breaks for Emerson redevelopment and data center, May 5, 2026, reporting the 3 to 3 vote with one abstention
  6. 6.St. Louis Public Radio: Ferguson postpones discussion on tax breaks for development and data center project, April 24, 2026
  7. 7.St. Louis American: Ferguson slows data center project as residents press for answers, reporting the St. Louis County NAACP's criticism of a rushed process and lack of transparency
  8. 8.St. Louis American: Rejected Ferguson data center incentives revived
  9. 9.First Alert 4: Displeasure expressed as redevelopment agreement for data center returns to Ferguson City Council, September 10, 2026
  10. 10.KSDK: Tensions flare at Ferguson City Hall as reconsidered data center plan sparks outrage, reporting the resident recall effort against the three council members who supported the May package
  11. 11.Missouri Public Service Commission: PSC approves Ameren Missouri large load power rate plan with customer protections, applying to customers taking 75 megawatts or more, with a 12 year minimum term, exit fees, customer funded substation and transmission, and collateral equal to two years of minimum projected monthly bills
  12. 12.St. Louis Public Radio: Missouri utility regulators approve Ameren rates for data centers, November 24, 2025
  13. 13.Revised Statutes of Missouri, Chapter 100: Industrial development, the statutory authority for the bond and lease back structure used here
  14. 14.Ferguson Future: the developer's public campaign site, stating 300 jobs kept, 170 to 200 new permanent Phase One jobs, $39 million a year in new and additional funds, and that the project will not require electricity from Ameren beyond historical levels
  15. 15.Fox 2 Now St. Louis: Ferguson City Council rejects $1.8 billion data center proposal, May 2026

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