O'Leary Digital, Box Elder County press court to dismiss data center foes' lawsuit

O'Leary Digital and Box Elder County officials have filed motions to dismiss a lawsuit brought by local residents who are attempting to force a public vote on a controversial data center project. The project, which involves a data center and a natural gas-fired power plant in the Hansel Valley, is backed by businessman Kevin O'Leary and the Utah Military Installation Development Authority (MIDA). The county and developers argue that the resolutions at the center of the dispute are administrative actions, which are not subject to the referendum process.

The lawsuit was initiated after the Box Elder County Commission passed two resolutions on May 4 that paved the way for the facility's development. Opponents, including the nonprofit Alliance for a Better Utah, argue that the project poses significant environmental risks. By seeking dismissal, county officials aim to bypass a public vote, maintaining that they have acted within the scope of existing state law regarding MIDA projects.

This legal challenge is just one of several battles being waged over the development. A separate lawsuit in the 3rd District Court seeks to nullify the project approvals entirely, and a defamation suit has been filed against Kevin O'Leary in federal court. For the Box Elder community, these ongoing legal proceedings create significant uncertainty regarding the land's future and the scope of public input allowed in major infrastructure decisions.