Another hearing in the Circle T Data Center lawsuit is scheduled for Oct. 23.
A district county judge in Fort Worth dissolved a temporary restraining order Friday that prevented Westlake from approving a development agreement on the proposed Circle T Data Center that’s gained national attention due to its proximity to a neighboring city.
“Westlake is pleased the judge decided to dissolve the temporary restraining order filed by the City of Keller,” reads an email statement provided by Westlake to The Dallas Morning News. “We are confident the entire dispute will be fully resolved during the upcoming October 23rd hearing. In the meantime, Westlake will continue to follow the directives laid out by Governor Abbott regarding the development of data centers.”
Jason Friedman, attorney for the plaintiffs, told The News he doesn’t agree that a resolution will be reached at the next hearing.
“[Westlake] didn’t follow the rules,” Friedman said, citing alleged notice and zoning issues highlighted in the lawsuit. “They don’t get to have their cake and eat it, too.”
The Circle T Data Center, designed by developer PowerHouse Data Centers, is planned to include four buildings across roughly 88 acres along U.S. 377. The land is in the southernmost part of Westlake that shares a property line with the city of Keller.
While Westlake said the data center will be more than 1,200 yards away from its residents, people living in Keller said it will be only hundreds of feet from their backyards. At council meetings in both municipalities, Keller residents asked to be extended the same courtesy Westlake residents regarding the facility’s distance from homes.
Plaintiffs in the lawsuit also argued that moving forward with the project would cause imminent and irreparable harm to nearby residential property.
The parcel of land has been zoned for commercial and industrial use since 1998, according to Westlake officials, which means the data center is allowable by right to be constructed on the property.
The plaintiffs’ claims reached an impasse, according to a status report. However, Keller, Westlake and Circle T are still continuing “to pursue a settlement dialogue.”
Friedman said Monday the plaintiffs are open to continuing the discussion, “but it takes two to tango and we didn’t have a dancer partner there.”
