Birmingham Nebius lawsuit asks judge to halt Oxmoor data center work

Two Oxmoor Valley residents filed a new lawsuit on June 29, 2026, pushing Birmingham’s Nebius data center fight into court. The amended complaint targets the 300-megawatt BHM01 project and asks a judge to halt work while the case is heard.

The filing matters for Birmingham because it turns a zoning and permitting dispute into a legal test of whether the project’s approvals can stand. The complaint says the site work, permits and related city actions were unlawful. That does not mean the project is finished, but it does mean the next phase now depends on the court.

BirminghamWatch reported that Jefferson County Circuit Court Judge Tamara Harris Johnson has set a hearing for Tuesday morning, July 1, to consider the plaintiffs’ request for immediate relief. The suit was filed by Robert Sansome and John Hilley, who say they live within 1,000 feet of the project.

The city’s June 9 ordinance is also part of the backdrop. Birmingham approved a revised zoning ordinance with 20 data-center protections, including setback, cooling, water, noise and notification rules. The lawsuit argues those rules do not cure the project’s earlier problems. For context, WBRC reported that the Industrial Development Board approved Nebius tax incentives on May 29, not City Hall.

For neighbors, the immediate thing to watch is whether the judge grants any pause on demolition or construction at the July 1 hearing.

Sources

• BirminghamWatch — new Nebius lawsuit report
• City of Birmingham — data center ordinance announcement
• Greene/Butler v. Nebius amended complaint
• WBRC — Nebius tax incentives context