Weekly Real Estate News
Summary
Ohio's highest court ruled October 20 that Lordstown could pause review of a proposed data-center project because the developer had not established a vested right to a permit.
The Supreme Court of Ohio ruled unanimously Tuesday that the village of Lordstown did not have to continue reviewing a proposed data-center development after imposing a temporary moratorium, despite the developer having initiated the process before the restrictions took effect.
In State ex rel. Bristolville 25 Developer, L.L.C. v. Lordstown, Slip Opinion No. 2026-Ohio-4073, decided October 20, the court denied a writ of mandamus sought by Bristolville 25 Developer and property owner BHGH Properties.
The proposed project involved four three-story data centers and ancillary structures on industrially zoned land in Lordstown. Bristolville initiated site-plan review in October 2025, but the village subsequently adopted a moratorium suspending processing and permitting of new data centers.
Preliminary application did not establish a vested right
The court determined that the developer had not completed the steps required to qualify for a building permit before the moratorium. Without a clear legal right to have its application processed under the earlier rules, the developer could not compel the village to continue the review.
The ruling is narrower than a blanket authorization for municipalities to stop all pending development applications. Its reasoning turns on the procedural status of this application and the absence of a vested right under Ohio law.
As demand for data-center capacity expands, the decision illustrates how the timing of municipal restrictions and the status of a development application can determine whether a project may proceed.
Primary sources: Supreme Court of Ohio opinion; Court News Ohio summary.
