As more NJ towns ban data centers, developer sues Andover over ‘unreasonable’ reversal

⚠️ A developer is suing Andover Township over its newly adopted ban on data centers.

➡️ The lawsuit seeks to revive plans for a data center at the former Newton Airport site.

🔴 Township officials vow to fight the lawsuit, as more NJ towns adopt bans.

ANDOVER TOWNSHIP — The township has vowed to “vigorously defend” its recent ban on data centers from being built, as a developer is suing over the sudden derailment of its plans in Andover.

Pennsylvania-based National Land Developers has asked a judge to invalidate what it calls an “arbitrary” ordinance that was passed in mid-May.

In the lawsuit filed July 10 in Superior Court in Sussex County, National Land Developers repeated its interest in building a data center on the former Newton airport — at 248 Stickles Pond Road.

The 97-acre property has been empty for nearly 13 years.

Read More: NJ data center bans grow as towns push back on AI projects

Data center fears stoke chaos at public meeting on May 7, 2026 in Andover Township, NJ (Courtesy Sussex Visibility Brigade)

Lawsuit targets Andover's abrupt reversal on data center plans

At first, the company was able to quietly pursue the plan, since it was within a designated redevelopment zone.

Critics have pointed to the zones as an exploited loophole, as there are less requirements for public hearings before a development is already underway, according to Pinelands Alliance.

It is an issue that continues to build non-partisan support, over concerns about the high electricity use amid already outrageous bill hikes, and required water usage that could deplete natural resources.

Read More: Why New Jersey needs an AI data center moratorium (Opinion)

In Andover’s case, the township committee amended the zone to include data centers as a potential use back in September, before public attention caught up months later.

By the spring, members of the community, led by activists like the Sussex Visibility Brigade and Climate Revolution NJ, began to speak out against any potential data centers within Andover.

Still in April, township officials voted to increase the maximum permitted height for
data centers to two stories — 65 feet tall — “despite vocal community opposition” according to the NLD complaint.

One meeting even devolved into a scuffle as an attendee was escorted by police officers.

Read More: Andover NJ data center meeting erupts into clash with police 

Data center fears stoke chaos in Andover Township NJ - Sussex Visibility Brigade via Facebook reel

On May 7, as public outcry was increasing, Andover Township Committee voted 4-1 to officially introduce an ordinance to amend the Route 206 Redevelopment Plan to create additional standards for data centers.

But then, “inexplicably, just five days later” the lawsuit says, the committee held a special meeting and unanimously voted to instead introduce a ban on data centers, repealing two existing ordinances in the process.

“The consistency determination was arbitrary, capricious and unreasonable,” according to the complaint filed by the developers.

Read More: Andover Township moves to ban data centers after meeting chaos

Work progresses on a massive AI data center in Vineland (Google Maps)

Andover Township says data center ban remains in effect

The suit challenges the actions of the mayor and township committee to prohibit data centers, and says that the adopted ordinance should be invalidated by the court.

“The Township Committee intends to vigorously defend the allegations and has no interest in settling. We are confident that we will demonstrate to the court that the action taken to prohibit data centers was a valid and reasonable exercise of the Mayor and Committee’s authority and power,” a statement by Andover officials said after the lawsuit's filing.

“It is important to note that the filing of the lawsuit does not provide any additional rights to a property owner, as the current prohibition regarding data centers remains in effect,” the statement also said.

Sussex County Democratic Committee slammed elected Republican officials for leaving Andover vulnerable to such a legal battle.

“The Andover Township Committee only scrambled to pass a last-minute ban when residents fiercely pushed back and forced their hand. Now, local taxpayers are about to be left cleaning up the legal repercussions of their incompetence. It is completely shameful,” a written statement on July 19 said.

More New Jersey towns are banning data centers

As Andover fights off that lawsuit, the roster of New Jersey communities that have adopted their own bans on data center construction continues to grow.

Mansfield recently adopted a similar data center ban.

According to activist group Climate Revolution Action Network New Jersey, the Burlington County town was the 27th municipality in the state to pass a local ban on data centers.

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