O’Leary Digital and Box Elder County Move to Dismiss Residents' Data Center Lawsuit

O’Leary Digital and Box Elder County have each submitted motions seeking dismissal of a June 3 lawsuit filed by a coalition of county residents demanding a ballot referendum on the proposed data center and gas-fired power complex. Both parties contend that the county’s approval of resolution 26-11, a consent resolution, and resolution 26-12, an interlocal agreement with the Utah Military Installation Development Authority, constitute administrative actions that cannot be contested through the petition mechanism outlined in state law.

This legal stance mirrors the county’s earlier rejection in May of attempts to force a public vote. The plaintiffs, represented by Alliance for a Better Utah and several unnamed locals, aim to nullify the approvals and stop the development. In parallel, a federal suit accuses Kevin O’Leary and one outlet of defamation after O’Leary alleged the opponents have ties to China.