Date
September 16, 2026
Added to tracker
September 18, 2026
Court or forum
Montgomery County Court of Common Pleas, Pennsylvania
State
Pennsylvania
Amount / scale
5-building, 4.6M-square-foot data center campus
Parties
Defendant: Upper Merion TownshipDefendant: Upper Merion Township Planning CommissionDefendant: Upper Merion Township Board of Supervisors

MLP Ventures, developer Brian O'Neill's real estate company, sued Upper Merion Township, its Planning Commission, and its Board of Supervisors in Montgomery County Court of Common Pleas on September 16, 2026, seeking to reverse the township's denial of five proposed data centers totaling more than 4.6 million square feet near King of Prussia. The suit follows an earlier round of litigation in which a judge briefly enjoined the township from acting on the applications, an order vacated hours before the supervisors unanimously denied the project on August 13, 2026.

Why it matters

Illustrates the growing litigation exposure municipalities face as AI-driven data center proposals collide with zoning codes not written for hyperscale campuses, and shows a rejected developer using both emergency injunctive relief and a full land-use appeal, including a request for an independent referee, to contest a politically charged denial.

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