Judge hears arguments in Westlake data center lawsuit from HOA, homeowners
A Tarrant County judge heard arguments Wednesday from lawyers for a homeowners association and the Town of Westlake on a controversial data center project. The $1.1 million, 1.1-square-foot data center would be built along Highway 377, close to homes in both Westlake and Keller.
Last week, a judge issued a temporary restraining order requiring the Town of Westlake to pause a vote on the development agreement following a lawsuit by Lakes at Marshall Ridge HOA and several Westlake residents. The issue at Wednesday's hearing was whether the plaintiff's lawsuit would continue or be thrown out. Attorney John Friedman represents the plaintiffs.
"They're going to have this big data center with lights going on. I mean, it's going to be lit up center all day, every day, 24 hours a day, right behind them," Friedman said.
According to the lawsuit, the site plan omits the 150-foot setback and landscaped buffer mandated by the town's zoning ordinance between the data center and the plaintiff's single-family homes. In December 2024, the town's planning and zoning commission considered a text amendment that would nearly double the permitted building height from 45 to 80 feet. The agenda's notice did not contain the words "data center," according to the lawsuit.
"Can you imagine the difference between having like a Wal-Mart behind you as opposed to a Cowboys stadium behind you?" Friedman said.
"They described the agenda and everything as little text amendments to this small plan development area. Nothing to see here, folks," plaintiff Linda Bjorn said.
The plaintiffs said they have several worries about how the data center would affect both their quality of life and their property values.
"You've got your giant heat bubble that's going to be produced that's going to raise our temperature. It's already hot. It's going to raise our temperature around our whole area. There's just so many things that I think from a physics standpoint in terms of noise pollution and how that impacts us," Bjorn said.
The Town of Westlake sent CBS News Texas a statement, saying:
"The Town of Westlake respects the Court's decision to take additional time to consider the matters presented at today's hearing regarding the temporary restraining order.
"We remain confident in the Town's actions and the careful process undertaken in reviewing and approving this project. We look forward to the Court's decision and to moving the project forward in a manner that protects the interests of Westlake and its residents."
The judge is expected to rule next week on whether to keep the injunction in place. It's been extended through September 8th. The agreement will go back before the Westlake Town Council if it is lifted.
