A judge has thrown out a key energy requirement and some legislative checks on a data center planned for Midtown St. Louis.
TerraWatt, the company behind a planned $3.1 billion, 120-megawatt data center in the old Famous-Barr warehouse on Market Street as part of a planned technology district, filed suit against St. Louis in September.
In his suit against the city's Board of Adjustment, TerraWatt partner David Lambiaso argues that two conditions imposed as requirements on the construction of the data center are illegal and would be "practically impossible" for the planned project.
The two requirements revolved around renewable energy and a measure that requires the Board of Aldermen to approve a community benefits agreement, which "exceed the scope of authority" of the board and the city's Board of Adjustment, the suit says.
Lambiaso complained the provisions from the Board of Adjustment are "practically impossible on the 11-acre site," the complaint read. The city's renewable energy requirements, included in the site's conditional use permit, require the data center to use 2.4 megawatts of renewable energy.
During a hearing held Thursday, 22nd District Judge Christopher McGraugh granted Lambiaso's motion to remove a power supply mandate that required the petitioner to supply a minimum of 2.4 megawatts of their own power through renewable energy sources.
Additionally, the judge removed a requirement that the project's community benefit agreement be approved by the Board of Aldermen.
In his order, McGraugh said the Board of Adjustment exceeded its authority and ruled its actions "illegal and void." He also ruled that the Board of Adjustment's functions are strictly administrative and cannot make policy.
The city's Land Clearance for Redevelopment Authority approved the community benefits agreement in September, but it still required approval from the Board of Aldermen.
Lambiaso and the City of St. Louis are also being sued over the project by the Missouri Coalition for the Environment and several other plaintiffs who argue that the city illegally granted a use permit for the project.
This story will be updated.
