QTS Data Centers is pursuing Supreme Court of Virginia review in an effort to revive rezonings for the Digital Gateway data center project near Manassas National Battlefield Park, after Compass Datacenters and the Prince William County Board of Supervisors declined to continue the legal fight.
The move follows a unanimous Virginia Court of Appeals ruling that invalidated the rezonings, according to the American Battlefield Trust. The group said QTS chose to continue defending the project after the county and Compass stepped away.
“QTS is clearly fighting a losing battle,” American Battlefield Trust President David Duncan said in a May 1 statement.
Duncan said courts in Virginia, including a unanimous appellate panel, had repeatedly ruled against the rezonings. He said the Trust would continue its legal opposition as QTS seeks review before the Supreme Court of Virginia.
The Digital Gateway proposal called for 37 data center buildings near Manassas National Battlefield Park in Prince William County. The Trust said the project would have required 14 on-site electrical substations and enough power to supply more than 2 million homes.
The Prince William County Board of Supervisors voted unanimously in April not to appeal the appellate ruling, according to the Trust, which said the county had already spent more than $1.7 million in legal fees defending the project.
Compass Datacenters, the other developer involved in the project, also chose not to continue the fight, according to the Trust.
The original challenge was filed by the American Battlefield Trust, the Oak Valley Homeowners Association and local landowners. They argued that the county and the developers violated state code and local ordinances by failing to properly advertise the rezoning proposal or make its full text available to the public.
The Court of Appeals unanimously agreed and invalidated the rezonings, according to the Trust.
The Board of Supervisors approved the Digital Gateway project in December 2023 by a 4-3 vote, with one abstention. The Trust said the vote came over public opposition and against the recommendations of county planning staff.
The site’s proximity to Manassas National Battlefield Park drew scrutiny throughout the process. The park commemorates the First and Second Battles of Manassas, also known as First and Second Bull Run, which the Trust said resulted in nearly 27,000 combined casualties.
The group said historically significant events also took place beyond the park’s current boundaries, including on land that would have been part of the development footprint.
The Trust also raised concerns about unknown and unmarked graves that may exist within the project area.
The organization said the Digital Gateway case is not isolated. It said it is also involved in litigation over the Wilderness Crossing project in Orange County, which would be built at the entrance to the Wilderness Battlefield unit of Fredericksburg and Spotsylvania National Military Park.
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