Thirty-eight Residents Raised Funds for a Legal Opinion.
On September 23 the Board of Supervisors voted 6–1 to adopt the data center ordinance amendment. Whether that amendment prohibits data centers, or instead hands the decision to the Zoning Administrator, is a matter of law, and it is too important to settle without the advice of legal counsel.
We asked residents to help us raise $2,500, requested by the independent land use attorney, and it took us seven days. The engagement fee has been paid and the written opinion has been delivered. This page is the legal fund accounting, and it will be updated regularly.
What the Contributions Are Used For
The contributions paid for a written legal opinion on the August 12 draft amendment to remove Data Centers as an allowed use. Does removal itself equal prohibition as the County Attorney suggests? We do not believe that the amendment as suggested does what the county says it does, and there is a difference between intent and legal outcome. Therefore, we want to have a third party review of whether striking the definition, the operating standards and the use matrix row prohibits data centers in Frederick County, or whether it routes them to the Zoning Administrator under §165-602.01.
The importance of such a written opinion cannot be overstated. A written opinion, prepared by a qualified Virginia attorney, is more credible than oral advice or complaints from residents. It cannot be simply dismissed. The County Attorney has invited our counsel to confer with him directly, and a written legal opinion obliges the county to respond rather than treat the concern as comments from upset citizens. Notably, our attorney, Craig Blakeley of Alliance Law Group, was lead counsel for the homeowners whose lawsuit stopped the PW Digital Gateway in Prince William County. He has also confirmed in writing that his firm represents neither data center interests or other projects in Frederick County.
The engagement fee was $2,500, and we had set our fundraising goal to match that number. It has been paid in full. Anything raised beyond the fee will remain in the legal fund in perpetuity to support any further legal effort that may be necessary.
The written opinion has been delivered. Its contents are protected by attorney-client privilege, so it is shared only with Protect Frederick staff, and we cannot publish the opinion or its details here.
How It Was Funded
We received thirty-eight contributions. The median contribution was $50, and we received nothing larger than $500. Two thirds of them were $50 or less. We had twenty-six contributions arrive on September 1 alone, which is the day before the Planning Commission hearing on the ordinance itself.
Bar length shows the number of gifts in each range. The solid bars are gifts of $50 or less.
Who Gave?
We have refrained from publishing a list of donors. People gave to a legal fund in a live land use fight, and nobody was directly asked whether they wanted to be listed. We feel that publishing a donor roll without that permission is not ours to do, so this page reports totals only. If you gave and would like to be thanked by name, tell us and we will add you to the page.
Email info@protectfrederick.orgThe Fee Has Been Paid
The $2,500 engagement fee has been paid and the written opinion delivered. The remaining $118.87, and anything added from here, stays in the legal fund for further work. We will update this page when funds are spent or allocated.