Lawsuit Tracker
Sangamon County Approved a 600 Megawatt CyrusOne Campus as a Conditional Use in a Farm Zone, on a Grain Elevator Analogy
On April 7, 2026 the Sangamon County Board granted zoning for a roughly $500 million, 280 acre, 600 megawatt CyrusOne campus near Waverly by a vote of 17 to 10 with one abstention. It was not a rezoning and not a variance. County staff analogized a hyperscale data center to a large grain elevator and routed it as a conditional permitted use inside the Agricultural district. What the county record shows, what it does not, and why the mechanism decides what a challenger would be appealing.
Case facts
Dispute, no suit filed
- Status
- No lawsuit confirmed from court records; zoning granted 17 to 10 with one abstention on April 7, 2026
- Dispute
- Sangamon County residents, many from the Waverly, Loami, Auburn, and Thayer areas, against the county board's approval of a CyrusOne data center campus in Talkington Township
- Forum
- Sangamon County Zoning Board of Appeals and the Sangamon County Board. We obtained no court record as of September 3, 2026
- Approved
- Tuesday, April 7, 2026. The county's adopted minutes record 17 yeas, 10 nays, and one abstention, and state that the resolution was adopted and the zoning was granted
- The project
- About 280 acres in Talkington Township near Waverly, in the 13000 block of Thayer Road. The county staff report describes roughly 1.8 million square feet in four buildings of about 450,000 square feet each; an earlier Illinois Times report described six buildings of about 250,000 square feet. Roughly $500 million, about 600 megawatts at full build, more than 100 permanent jobs
- Approval mechanism
- A conditional permitted use inside the existing Agricultural zoning district. Not a rezoning, not a variance. County staff's stated opinion was that the use can be analogized to a large grain elevator
- County limits
- Under the county's data center regulations adopted July 8, 2025: noise not to exceed 50 decibels at a property line adjacent to an existing residence or residential district, 150 foot setback from structure to property line plus a minimum 750 feet to a residential structure, and shielded, downcast lighting
- Litigation
- Not established. A member of the public told the board on July 14, 2026 that residents had filed a suit. We could not obtain a court record
Key Takeaways
- On April 7, 2026 the Sangamon County Board granted zoning for a CyrusOne data center campus near Waverly by a vote of 17 to 10 with one abstention. The county's own adopted minutes record the tally and state that the resolution was adopted and the zoning was granted.
- The mechanism is the story. This was not a rezoning and not a variance. The county's Merged Staff Report says the professional staff's opinion was that the proposed use can be analogized to the operation of a large grain elevator, and that granting a conditional permitted use within the Agricultural classification best protects a surrounding area that is agricultural.
- The county wrote its data center rules before the applicant arrived. Staff began researching in spring 2024, the zoning committee took up recommendations on March 20 and May 15, 2025, the Zoning Board of Appeals reviewed them on June 19, 2025, and the county board adopted the regulations on July 8, 2025. CyrusOne first contacted the zoning office on October 10, 2025.
- County counsel advised the board it had no authority to adopt a zoning moratorium. The staff report says so directly, and adds that as a practical matter a moratorium probably could not have lasted much longer than the five months the matter was already under consideration. Residents kept asking for one anyway, into August 2026.
- The vote was close and it moved twice. The board tabled the matter 15 to 13 on March 23, 2026, brought it back off the table 23 to 5 on April 7, defeated a motion to postpone to May by 11 to 17, and then granted the zoning 17 to 10 with one abstention.
- We could not confirm a lawsuit. A member of the public told the board on July 14, 2026 that residents near Waverly and Loami had filed suit challenging the project. That statement appears in the county's adopted minutes, but we obtained no court record, and the circuit clerk's public case search runs only in a browser.
In this article
Sangamon County, Illinois approved a roughly $500 million, 600 megawatt CyrusOne data center campus on about 280 acres of farmland near Waverly on April 7, 2026, by a county board vote of 17 to 10 with one abstention. The most consequential fact about that approval is the one most coverage skipped: it was not a rezoning and it was not a variance. The county routed a hyperscale campus through its Agricultural zoning district as a conditional permitted use, on the professional staff's stated opinion that the use can be analogized to the operation of a large grain elevator. That single choice shapes everything downstream, including what any challenger would be appealing and on what timetable. Sangamon County also did something most counties in this position have not done: it wrote data center regulations, with a numeric sound limit and setbacks, nine months before the applicant ever walked in. Here is what the county's own records show, what they do not show, and how to read the difference.
What the county approved, and how the votes actually fell
The site is in Talkington Township, in the 13000 block of Thayer Road in the southwest corner of the county, near Waverly and across from the Double Black Diamond solar facility. The county's Merged Staff Report, prepared for the April 7, 2026 board meeting, describes a campus of approximately 1.8 million square feet in four buildings of roughly 450,000 square feet each on a 280 acre site, with each building expected to take about 12 to 18 months to build. We report the earlier figure too rather than quietly picking one: an Illinois Times account of the proposal described six buildings of about 250,000 square feet, totaling 1.5 million square feet. The plan changed between the two accounts.
The board did not arrive at a yes in one sitting. On March 23, 2026, after a long public comment period, a motion to table carried 15 to 13. On April 7, the board voted 23 to 5 to take the matter back off the table. A motion to postpone the decision to the regular May meeting, made on the argument that the Illinois legislature was then working on data center regulations and that the county should let that process run first, was defeated 11 to 17. The board then moved public comment forward and heard speakers for hours.
At the end, the chairman put the question in plain terms, recorded in the minutes: those wishing to grant the zoning would vote yes, those wishing to oppose the zoning would vote no. The clerk called the roll. The minutes record 17 yeas, 10 nays, and one abstention, and conclude: "The resolution was adopted and the zoning was granted."
Speakers at the April 7 meeting stated that the Zoning Board of Appeals had voted five to nothing to approve, and one board member said the zoning board found that the applicant met all the criteria for the conditional permitted use. We are reporting those as statements made on the record at the county board meeting. We did not obtain a Zoning Board of Appeals decision document confirming that tally.
A grain elevator analogy, and why the mechanism matters
Most of the approvals on this tracker came through a rezoning or a special or conditional use permit that everyone understood to be a land use decision about a data center. Sangamon County's is a conditional permitted use granted inside a district that already existed and was already agricultural. The county did not change the map.
The staff report explains the reasoning without hedging. Asked whether the proposed use is appropriately classified within the Agricultural zoning designation, staff answered yes, and wrote that "the property in question is currently zoned agricultural," that "a landowner always has the right to seek a different zoning classification," and that "it is the professional staff's opinion that the proposed use can be analogized to the operation of a large grain elevator and granting a conditional permitted use within the Agricultural zoning classification best protects the surrounding area which is agricultural."
Whether a 600 megawatt computing campus is usefully analogous to a grain elevator is exactly the kind of question a court would be asked to weigh, and we take no position on it. What we can say is what changes procedurally. A rezoning is a legislative act that changes the district itself. A variance is relief from a specific dimensional requirement. A conditional use is a determination that a listed use fits the district if stated criteria are met. Those three are reviewed differently in Illinois, on different records and sometimes on different clocks, and the county ordinance's own terms matter to which path applies. Our guide to zoning appeal deadlines by state lays out the Illinois timing beside eleven other states. Anyone weighing a challenge should have Illinois counsel confirm both the path and the deadline against the actual resolution text, which the minutes reference but do not reproduce.
The rules the county wrote first, and the moratorium it said it could not adopt
Sangamon County is unusual on this tracker in that it regulated before it approved. Per the staff report, zoning and planning staff began researching data center issues in spring 2024, after discussions about large solar installations suggested similar large scale projects could follow. Staff presented recommendations to the board's zoning committee on March 20, 2025, the committee asked for changes, revised regulations were reviewed on May 15, 2025, the Zoning Board of Appeals considered them on June 19, 2025, and the county board adopted the final regulations on July 8, 2025. CyrusOne first contacted the zoning office on October 10, 2025, and its application was scheduled for an initial hearing on November 20, 2025. The county held a dedicated public hearing on December 3, 2025 at the Bank of Springfield Center. Staff counted ten public hearings, board meetings, and committee meetings over five months taking public comment.
What those regulations require, per the county's published answers: noise levels at the property line "shall not exceed fifty (50) decibels when located adjacent to an existing residence or residential district," lighting "shielded and downcast such that it does not spill onto adjacent parcels," a 150 foot setback from structure to property line plus a minimum of 750 feet to a residential structure, a landscaping screen within 500 feet of a residential structure, fencing, proof of an emergency plan submitted to the local responding district, and letters from the serving electric and water utilities. The county reports the nearest occupied residence is over half a mile from the proposed campus.
Then the part that deserves more attention than it has received. Asked why the county did not adopt a moratorium, the staff report answers: "Our legal counsel informs us that we have no authority to adopt moratoriums on zoning issues." It adds that the county can change its zoning rules at any time, that the process of considering changes "may act like a moratorium in that developers might pause to await any changes," and that as a practical matter a moratorium, if the county could adopt one, "probably couldn't have lasted much longer than the five months this matter has been under consideration." Residents continued to press the point for months. At the July 14, 2026 meeting, a speaker listed Illinois governments that had adopted temporary data center moratoriums, noted that a neighboring county's moratorium had been invalidated on procedural grounds rather than because moratoriums are unlawful, and urged the board to seek a second legal opinion.
What the record says about a lawsuit, and what it does not
We looked hard for a case and did not find one, and we are not going to imply otherwise.
Here is the single piece of evidence in the public record. At the county board's July 14, 2026 meeting, a member of the public speaking in opposition began, per the adopted minutes, "by expressing support for residents near Waverly, Loami, and surrounding areas who had filed a lawsuit challenging the CyrusOne project, describing their legal effort as an important step for local residents seeking to protect their communities."
That is a public comment recorded in adopted minutes. It is a member of the public characterizing a filing. It gives no case caption, no case number, no court, no named defendants, and no claims. No county official reported a suit on the record, and no 2026 county board minutes we reviewed, from March through August 11, show a closed session on pending litigation.
We could not obtain a court record. The Sangamon County Circuit Clerk does offer a free public case search that does not require registration, with searches by name, case number, and filing date, but it runs as a browser application: the page returns an empty container that a script fills in after it loads, so there is no address that returns results and no way to query it by fetching a URL. The statewide re:SearchIL repository refused automated access, and Sangamon County is not among the Illinois counties whose records are published on Judici. Several local outlets that carry Springfield news either blocked retrieval or returned no coverage of any filing.
So the honest status of this entry is no suit confirmed. If a case exists, it belongs on this tracker and we want it. Below is exactly how a person can settle it.
How to close the gap, and what this means for you
If you live near the site, or you are a reporter trying to pin down whether a case was filed, these are the specific records to request:
- The court file. Open the circuit clerk's public case search in a browser and run a name search for CyrusOne, for related corporate entities, and for Sangamon County, for 2026 civil filings. If nothing surfaces, the clerk's office at 200 South Ninth Street, Room 405 in Springfield answers by phone at 217-753-6674 and by email at the address on its records page.
- The county's side of it. A Freedom of Information Act request to the Sangamon County State's Attorney for any complaint served on the county concerning the data center approval will resolve the question from the defendant's end even if the docket is hard to search.
- The resolution itself. Ask the county clerk for the adopted zoning resolution and any conditions attached to it. The April 7 minutes record that the zoning was granted but do not reproduce the operative text, and that text is what a challenge would be aimed at.
- The zoning board record. Ask the Zoning Board of Appeals for its findings and vote on the application. Speakers said the vote was five to nothing; the document settles it.
If the campus gets built and the noise is what concerns you, the county gave you a number to hold it to: 50 decibels at a property line adjacent to a residence. That is enforceable in a way that vague promises are not, and it is only useful if someone measures. Start a dated log now, before construction, so you have a baseline: readings at your own property line, times, weather, and how the sound affects sleep. Our evidence guide covers what to keep, and noise limits by jurisdiction shows how the county's 50 decibel line compares with what other places require.
If a project is still at the proposal stage where you live, the Sangamon sequence is the argument for engaging early rather than at the final vote. The rules that governed this campus were written in 2024 and 2025, before any applicant appeared, and by April 2026 staff were answering resident proposals by pointing to provisions already in the ordinance. Our guide to fighting a proposed data center covers that sequence, and Illinois's two pending challenges are on the tracker in Grayslake and Joliet. Our Illinois page has the statewide picture.
If a facility near you is already operating and affecting your home, our free case review connects you with an independent attorney in our network who handles data center matters in Illinois, at no cost and with no obligation.
What CyrusOne says
CyrusOne published a community question and answer page for the Sangamon County project, and the county reproduced much of it on its own informational site. In the company's words, the project represents "nearly $500 million in capital investment," hundreds of construction jobs during development, and more than 100 permanent full time positions once operational, with local hiring priority through county workforce programs.
On water, the company says it uses closed loop cooling and that "after the initial fill, there is no daily water usage for cooling since the system remains closed," with each building expected to use approximately 1,100 gallons per day on average, comparable to a standard office building. On sound, the company says its facilities are designed to meet and exceed local noise regulations, that its design team includes acoustic consultants who measure expected levels at property boundaries before construction, and that backup generators run only 10 to 15 hours per year for maintenance and testing and in rare outages, housed in sound attenuated enclosures with critical grade exhaust silencers. On lighting, it says all fixtures are directed downward with no uplighting. The company states it is entering an Agricultural Impact Mitigation Agreement with the Illinois Department of Agriculture, and it invites residents with concerns once the site is operational to contact it directly.
The company also says it is not requesting any property tax abatement for the project. We are reporting these as the company's public statements, not as verified outcomes.
Frequently asked questions
Is there a lawsuit over the Sangamon County CyrusOne data center?
Not one we can confirm. A member of the public told the county board on July 14, 2026 that residents near Waverly and Loami had filed a suit challenging the project, and that statement appears in the county's adopted minutes. We obtained no court record, no case number, and no caption. The circuit clerk's free public case search runs only as a browser application, and the statewide re:SearchIL repository refused automated access, so the question is open until someone searches the docket in person or requests the file from the county.
Did Sangamon County approve the CyrusOne data center?
Yes. On April 7, 2026 the county board granted zoning by a vote of 17 to 10 with one abstention, and the adopted minutes state that the resolution was adopted and the zoning was granted. Earlier that evening the board voted 23 to 5 to take the matter off the table, where it had been placed by a 15 to 13 vote on March 23, and defeated a motion to postpone the decision to May by 11 to 17.
Was the Sangamon County data center approved by a zoning variance?
No. The county's Merged Staff Report and its board minutes describe a conditional permitted use granted within the existing Agricultural zoning district, not a rezoning and not a variance. Staff's stated opinion was that the proposed use can be analogized to the operation of a large grain elevator and that a conditional permitted use in the Agricultural classification best protects a surrounding area that is agricultural. Some news coverage used the word variance; the county record does not.
How loud can the Sangamon County data center be?
Under the county's data center regulations, noise levels measured at the property line may not exceed fifty decibels when the facility is located adjacent to an existing residence or residential district. The county also requires a 150 foot setback from structure to property line plus a minimum of 750 feet to a residential structure, shielded and downcast lighting, and a landscaping screen within 500 feet of a residential structure. The county reports the nearest occupied residence is over half a mile from the campus.
Why didn't Sangamon County adopt a data center moratorium?
The county's staff report says its legal counsel advised that the county has no authority to adopt moratoriums on zoning issues. Staff added that the county can amend its zoning rules at any time, that the amendment process may function like a pause because developers might wait for the outcome, and that a moratorium probably could not have lasted much longer than the five months the application was already under consideration. Residents continued to ask the board to seek a second legal opinion into the summer of 2026.
Article sources
Our editorial standards require primary sources: government publications, regulator data, company filings, and established industry research.
- 1.Sangamon County: Proposed CyrusOne Data Center, county informational page with the county's own answers on noise, lighting, setbacks, water, and process
- 2.Sangamon County: Proposed CyrusOne Data Center, Merged Staff Report prepared for the April 7, 2026 county board meeting
- 3.Sangamon County Board written minutes index, including the adopted minutes for March 23, April 7, May 12, June 9, July 14, and August 11, 2026
- 4.Sangamon County Building and Zoning, Zoning Board of Appeals
- 5.Sangamon County Circuit Clerk: records lookup, free public case search by name, case number, or filing date
- 6.Illinois Courts: re:SearchIL statewide document repository for documents filed through eFileIL
- 7.Illinois Times: The first data center in Sangamon County, describing a conditional permitted use in an agricultural zone and an earlier six building site plan
- 8.NPR Illinois: Sangamon County Board approves a controversial data center project (April 7, 2026)
- 9.CyrusOne: Sangamon County community FAQ, the company's public statements on investment, jobs, water, noise, and lighting
- 10.Rural Electric Convenience Cooperative: Sangamon County data center, your questions answered
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