SPARTANBURG COUNTY, S.C. —
A Spartanburg County judge has dismissed a lawsuit challenging the Valara data center project, which opponents argued was improperly classified as a “Minor Land Development.”
The lawsuit, filed by the Southern Environmental Law Center on behalf of Concerned Citizens of Spartanburg County, challenged the county’s decision to process the project as a minor development instead of a Major Land Development.
The law center says the distinction between major and minor is important because Major Land Developments receive additional review and opportunities for public input, including review by the county’s Planning Commission.
SELC Senior Attorney Catherine Wannamaker argued the size and scope of the Valara project warranted that classification.
“If that is not a major development under the Spartanburg ordinance, I don’t know what would be,” she said. “Projects listed as a minor development in the ordinance are distinctly different. They are things like signs, for example.”
Spartanburg County Judge J. Derham Cole Jr. dismissed the case Tuesday, giving two main reasons.
First, the judge said the group did not establish the legal standing needed to bring some of its claims.
The lawsuit raised concerns about potential noise, dust, traffic, transparency and health impacts from the project. But the judge said those allegations were too general and that the plaintiffs did not show they were “specially damaged” by the project.
The judge also said the group had not exhausted the administrative process available to challenge the county’s decisions.
Under Spartanburg County’s rules, challenges to zoning decisions should first be brought before the county’s Board of Zoning Appeals. The judge said the group did not appeal within the required 10-day window before going to court.
The land development permit was approved in August 2025. Wannamaker said the permit described the project as repurposing and redeveloping the former Kohler site.
“No one knew it was a 450 megawatt power plant,” Wannamaker said. “If we had known that, might we have taken different steps? Maybe. But the information was concealed.”
Spartanburg resident Eric Allison said he believes transparency has been lacking throughout the process.
“They did not want the public to know,” he said. “If this was so great, why wasn’t the details of the entire project presented to the people? Let us speak to it. Why didn’t it go before planning commission as a major, so all the facts and details can come out?”
The judge’s ruling does not determine whether the Valara project should legally be classified as a Major or Minor Land Development.
With the lawsuit dismissed, construction on the Valara data center remains underway. SELC said it plans to appeal the decision.