SPRINGFIELD — Four people who say they live near the site of the proposed CyrusOne data center outside Waverly filed a civil complaint Monday asking a court to review the Sangamon County Board’s April approval of the project’s conditional use permit.
What the suit alleges
The complaint, obtained by local reporters and described as nearly 150 pages, names as defendants the Sangamon County Board, Sangamon County itself and an LLC the plaintiffs say was formed by CyrusOne. The filing contends the board’s April resolution was misdated, argues that the matter is subject to judicial review under state law and raises concerns about the project’s potential effects on nearby farmland and properties.
The plaintiffs are represented by attorney Chloe A. Russell of the Law Office of Ronald D. Cummings. The suit lists the following individuals and business as parties bringing the case:
- Herschel Caruthers II and Linda M. Caruthers
- Jill Caruthers Keeton
- Linda Caruthers
- Cathy Bettis, doing business as Joette Kennel
County and project backers respond
Sangamon County Administrator Brian McFadden issued an emailed statement saying county officials are “confident the County followed the proper procedures before the Board took its vote,” and that the State’s Attorney’s Office will represent the county in the litigation. He said the county had no further comment on pending litigation.
“The County is aware of the complaint filed regarding the Board’s approval of the CyrusOne data center conditional use permit. We are confident the County followed the proper procedures before the Board took its vote. The State’s Attorney’s Office will represent the County in the case. The County has no further comment on pending litigation.” — Sangamon County Administrator Brian McFadden
The Springfield Sangamon Growth Alliance, which has publicly promoted the project, issued a statement from CEO Ryan McCrady expressing a similar view: the board used a legally proper process and the project would bring economic benefits such as property tax revenue and employment.
“We are confident that the Sangamon County Board used a legally proper process for approval of the Cyrus One project,” the SSGA statement said. “We look forward to our community realizing the significant economic benefits from this important project including local property tax revenues, increased employment, and financial support to many community organizations.”
What’s next
Legal proceedings are expected to follow now that the complaint has been filed; the county confirmed the State’s Attorney’s Office will handle the county’s defense. Attempts to contact CyrusOne for comment were unsuccessful.
| Item | Detail from complaint or response |
|---|---|
| Length of complaint | Nearly 150 pages |
| Defendants named | Sangamon County Board; Sangamon County; an LLC linked to CyrusOne |
| Primary legal claims | Misdated resolution; request for judicial review; alleged impacts to nearby farmland and properties |
| Plaintiffs’ attorney | Chloe A. Russell |
The dispute centers on a development planned outside Waverly that has been actively promoted by local economic development groups. For Springfield-area residents, the case raises questions about how land-use decisions are made in Sangamon County, the balance between economic development and agricultural or residential impacts, and the timeline for construction and tax benefits the project’s backers have described.
As the litigation unfolds, nearby residents and stakeholders will be watching for court rulings on whether the administrative record and board procedures meet legal requirements and whether the project can move forward while the claims are resolved.
News Block will continue to monitor filings and official responses as the case proceeds in Sangamon County court.
