Columbus defends data-center overlay in 400-page zoning lawsuit

Columbus has filed a 400-page response defending its technology overlay district against a zoning lawsuit, but the filing does not end the dispute or approve a data center.

The city submitted its response on July 24, 2026, in a case brought by Keep It Rural Muscogee County and eight area residents. The lawsuit challenges the legality and adoption process for the overlay district.

What the city says the ordinance does

According to the city’s response, the overlay creates a regulatory framework for possible future technology-related applications. The city argues that it does not rezone a specific parcel, approve a data center or authorize construction.

The city also says no data-center application has been filed or approved. That distinction matters because a zoning framework is not the same as a project approval. Any future proposal would still need to move through additional planning, public-notice and approval steps.

Columbus Planning Department guidance says rezoning requests require an application, property notices, a public hearing before the Planning Advisory Commission, Planning Department review and a recommendation before City Council action. If approved, the applicant may then move forward with the building-permit process.

What the plaintiffs are challenging

The plaintiffs dispute the legality of the ordinance and the process used to adopt it. Their claims include arguments involving zoning procedures, due process, spot-zoning concerns and public-meeting requirements.

Those are allegations in an active lawsuit, not findings by the court. The city’s response presents its own legal defenses, and no final ruling has been identified.

Residents also raised broader concerns at a July 18 downtown rally, including questions about transparency, utilities, noise and potential jobs. Those concerns should not be treated as confirmed impacts from a completed project because no data-center application has been filed or approved, according to the city’s response as reported by WTVM.

How the June council action fits in

Columbus Council adopted the technology-overlay ordinance in June as an amendment to the city’s Unified Development Ordinance. The council’s June 2 regular-meeting agenda listed item REZN-02-26-0289 for first reading and public hearing. The item was described as an ordinance providing for Technology Overlay Districts.

The June 2 agenda was an early step in the process; it was not, by itself, the final adoption record. Later reporting identified the ordinance as adopted by the council in June.

That council action created the overlay framework. It did not replace the later, project-specific review process that would apply to a proposed facility or parcel.

What happens next

Both sides are seeking a declaratory judgment, meaning they want the court to clarify the legal status of the ordinance. No fine or penalty is at stake in the case.

The next major development could be a court ruling or a hearing schedule. Until then, the lawsuit remains active and the city’s response represents its position rather than a final decision on the ordinance’s legality.

For residents, the practical items to watch are future court filings, City Council records, planning notices and any project-specific application. A future data-center proposal would need to be evaluated separately from the overlay ordinance itself.

Sources

• WTVM report on the city's 400-page lawsuit response
• Columbus Council June 2, 2026 agenda
• Columbus Planning Department zoning process
• Georgia Public Broadcasting report on the July 18 rally