The Ohio Supreme Court ordered officials in Trenton to allow residents to vote on a proposed ban on new data centers after finding that the city unlawfully blocked the petition from moving forward.
Here's what to know
A Sept. 1 decision from the state's high court requires Trenton Mayor Ryan Perry and the members of Trenton City Council, as the Cincinnati Enquirer reported, to certify the charter-amendment petition and forward it to the Butler County Board of Elections.
The measure cannot be placed on the November ballot, so the court said the question must instead go before voters in a special election held within 60 to 120 days after certification by the council.
Trenton, roughly 38 miles north of Cincinnati, is already the site of two proposed data center developments. Prologis Inc., based in California, is planning a 141-acre facility in the city, and Amazon has been in talks with Trenton about an 18-building complex outside city limits.
As a result of the ruling, city voters are on track to determine whether new data center construction should be banned in Trenton.
More background
The case stems from a petition Trenton residents filed with the council on July 8 asking for a charter amendment that would stop future data center development. The filing contained 336 valid signatures.
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Council members rejected certification at a special meeting on Aug. 3, saying the petition fell short of the Ohio Constitution's requirement that at least 10% of the city's "electors" support the amendment.
At issue was the way that 10% threshold should be measured. Residents said it should be tied to participation in Trenton's latest general municipal election, making the requirement 128 signatures, while city officials said it should be based on all eligible voters in the city, which would push the minimum to 820.
The justices agreed with the residents and wrote that there was "clear and convincing evidence that the council disregarded applicable law." But they refused to award court costs or attorney fees, saying the record did not show conduct that "rose to the level of dishonest purpose or moral obliquity."
What's being done?
The city is required to certify the petition so the issue can go before voters. After certification, the petition will go to the Butler County Board of Elections.
The petitioners' attorney, Nicholas Owens, also called on the city to move fast if it wants to avoid the added cost of a separate special election.
"To save taxpayers the expense of a special election, the City of Trenton Council, via a special council meeting, should immediately pass an ordinance placing the proposed charter amendment to ban data centers on this November's ballot," Owens said in a statement to the Enquirer.
Where can I learn more?
What's happening in Trenton echoes fights playing out across Ohio and beyond as more communities try to slow or stop data center expansion.
• Ohio townships slam brakes on data centers as public scrutiny outruns the state's review.
• In Dayton, officials move to ban data centers as utility-bill fears intensify.
• The Ohio Supreme Court overturns permit for massive 6,000-acre solar farm after local officials object.
Each of these disputes shows how fast an infrastructure proposal can spill out of zoning meetings and into lawsuits, council chambers, and elections. They also preview the legal and political pressures likely to surround Trenton's next steps.
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