Connect with us

Opinion

Front Royal’s Data Center Moratorium May Offer No Real Protection

Published

on

“The Town’s moratorium on datacenter applications is so pro-datacenter you’d almost think it was an inside job — a setup by the industry to make sure nothing can stop them.”

Shocking words to hear from a friend who practices Virginia real estate law. But upon further inspection, basically correct. Here’s why, in three steps.

First: the moratorium can’t be enforced against any land-use applicant.

Virginia localities can only do what the General Assembly has expressly authorized them to do. That’s the Dillon Rule, and our Virginia Supreme Court applied it squarely to development moratoriums fifty years ago — Bd. of Sup’rs of Fairfax Cty v. Horne, 216 Va. 113 (1975). Fairfax tried exactly this. The Court struck it down. Not because Fairfax’s concerns weren’t real. No law had given localities the power to impose a freeze.

Nothing has changed. The General Assembly still hasn’t authorized development moratoriums. Neither Warren County nor our Town Council has a power the General Assembly hasn’t given it. The moratorium is legally void. Applicants remain free to apply.

Second: even a valid moratorium or ban can’t stop what hasn’t been defined.

In Virginia, we think of ourselves as a “black letter law” state — when we don’t write it into law or contract, we can’t expect it to be enforced. Thus substantial doubt or ambiguity in restrictions on land use is resolved in favor of the free use of property — not restrictions. See, for example, Scott v. Walker, 274 Va. 209 (2007). Anything we intend to prohibit — be it datacenters or “monstrosities” — if we leave it undefined, we effectively leave it approved.

On June 22nd, speakers uniformly opposed datacenters. The Council’s moratorium and definition rejection got a standing ovation. Yet it left us with not just legal ambiguity or substantial doubt — it left our written-down zoning code in complete doubt as to what a “datacenter” is.

Every commercial applicant can still read that silence exactly the way the Virginia Supreme Court does: if they meant to stop me, they would have defined it in writing. They didn’t, so I’m applying as a Technology Business — a land use the Town’s own ordinance permits by right. Process my application.

Third: a 40-day automatic site-plan approval clock runs anyway.

Even if the moratorium is just a directive to zoning staff to “stall things with datacenter vibes” for 90 days, Virginia law gives the Town only 40 days to act on a commercial site plan after official submission, Va. Code §15.2-2259(A)(3). In fact, State law says intentionally stalling an application opens several paths to bypass the Town and seek court approval.  One of them is even automatic. All of them will rely on the law as it’s written on the day of application.

If Town staff stalls a new application even for 40 days based on undefined datacenter vibes, on Day 41, the applicant goes straight to circuit court to ask for approval.  Stall a resubmission for 30 days, and it is automatically approved.

So if you’ve previously been rejected for a crazy or ugly land use in Progress Business Park — say, nuclear waste storage, or poultry processing — resubmit your site plan during the moratorium with a cover page reading “Datacenter,” and hope the Town stalls its way to a default approval.

Worth a try, right?

Kevin Cuddeback
Front Royal,VA


Disclaimer: The opinions expressed in the letters published on this page are solely those of the respective authors and do not necessarily reflect the views or opinions of the Royal Examiner’s editorial team, its affiliates, or advertisers. The Royal Examiner does not endorse or take responsibility for the accuracy, completeness, or validity of any statements made by the authors. The Royal Examiner has not independently verified the statements and claims presented in the letters. Readers are encouraged to exercise their own judgment and critical thinking skills when evaluating the content. Any reliance on the information in the letters is at the reader’s own risk.

While the Royal Examiner makes every effort to publish diverse opinions, it does not guarantee the publication of all received letters. The Royal Examiner reserves the right to edit letters for clarity, length, and adherence to editorial guidelines. Moreover, the Royal Examiner does not assume any liability for any loss or damage incurred by readers due to the content of the letters or any subsequent actions based on these opinions.

In submitting a letter to the editor, authors grant the newspaper the right to publish, edit, reproduce, or distribute the content in print, online, or in any other form.

We value our readers’ engagement and encourage open, constructive discussions on a variety of topics. However, the Royal Examiner retains the right to reject any letter that contains offensive language, personal attacks, or violates any legal regulations. Thank you for being a part of our vibrant community of readers and contributors, and we look forward to receiving your diverse perspectives on matters of interest and importance.

Front Royal, VA
75°
Mostly Cloudy
6:03 am8:35 pm EDT
Feels like: 75°F
Wind: 3mph SSW
Humidity: 83%
Pressure: 29.78"Hg
UV index: 0
MonTueWed
84°F / 70°F
88°F / 70°F
88°F / 61°F
Crime/Court11 hours ago

Virginia State Police Seize More Than $3.3 Million in Drugs During Weekly Operations

EDA in Focus11 hours ago

30-Acre ITFederal Property at Avtex Scheduled for Auction to Help Resolve EDA ‘Financial Scandal’ Debt to First Bank

Crime/Court11 hours ago

Grand Jury Returns Dozens of Indictments in Warren County

Local News12 hours ago

VDOT: Warren County Traffic Alert for July 20 – 24, 2026

Local News14 hours ago

Fauquier Health CEO Earns National Recognition for Second Straight Year

Local News14 hours ago

Trail Option Draws Strongest Support in VDOT Shenandoah Rail Corridor Survey

Opinion14 hours ago

A Path to Fiscal Responsibility and Public Wellness

Jefferson Forum14 hours ago

Smoke Does Not Stop at the Border — Neither Does the Climate

Livestream - FR Cardinals17 hours ago

Front Royal Cardinals Host Winchester Royals Saturday, July 18 at Bing Crosby Stadium

Agriculture20 hours ago

Do Moon Phases Actually Influence Planting Traditions?

Community Events1 day ago

Virginia Little League State Tournament Opens in Front Royal

Opinion1 day ago

Front Royal’s Data Center Moratorium May Offer No Real Protection

State News1 day ago

Six Months In, Spanberger Defends Her Record as Economic Concerns Persist

State News1 day ago

Wash Your Veggies: A Parasite Causing Cramps and Diarrhea is on the Rise in Virginia 

National News1 day ago

Taco Bell Removing Lettuce Nationwide Linked to Cyclosporiasis in 5 States

State News1 day ago

Tick Season is Getting Longer. So is the List of States Trying to Keep Up

Obituaries1 day ago

Dorothy Jean “Snookie” Jones (1931 – 2026)

Obituaries1 day ago

John Brian “Johnny” Greenway

Obituaries1 day ago

David Leroy Bradley (1932 – 2026)

Business Growth Series2 days ago

Business Growth Series: Growth Goes to the Businesses That Keep Going

Interesting Things to Know2 days ago

Robots on the Moon Wouldn’t Look Like a City

Community Events2 days ago

This Week’s Showtimes at Royal Cinemas as of July 17th

State News2 days ago

Clock Starts for State Regulators to Review Proposed Dominion-NexEra Merger

State News2 days ago

Legal Challenge Seeking to Block Virginia’s Reproductive Rights Constitutional Amendment Dismissed

Hometown Faces2 days ago

Front Royal’s Lillian Sloan Nears 100 After a Life of Teaching, Faith and Service