Amazon Data Services Files Appeal with King George Circuit Court
The company is appealing a March decision by the Board of Zoning Appeals.
By Adele Uphaus
MANAGING EDITOR AND CORRESPONDENT
Email Adele
Amazon Data Services has filed a petition with King George County Circuit Court appealing a March decision by the county’s Board of Zoning Appeals.
The King George Board of Supervisors and Birchwood Power Partners are named as defendants in the appeal, which was filed on April 24 by Jaimie Wisegarver, representing Amazon Data Services.
In May of 2024, Amazon requested a determination from the county’s then-zoning administrator, Angela Foroughi, asking her to find that the company has vested rights in nine parcels, totaling 893 acres, that it purchased for $168 million in 2023 with the intention of developing a data center.
In August of 2024, County Administrator Matthew Smolnik, acting as zoning administrator, replied to the request, stating that issuing such a determination would require him to interpret Virginia State Code, which is “outside of my legal responsibilities.”
Amazon filed an appeal of this decision with the BZA. Following a hearing, the BZA voted 4-0, with two abstentions, to affirm Smolnik’s decision.
Amazon is now asking the Circuit Court to decide that the BZA’s decision was incorrect, that Smolnik should have opined on the zoning determination request, and that the company does have vested rights in the parcel.
A hearing in the case has not yet been scheduled.
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