A Marion citizen has filed a complaint in Smyth County Circuit Court, asking the court to order the Board of Supervisors to repeal the portion of its Zoning Ordinance that regulates data centers.
Charles Wassum III filed the complaint on Oct. 13. The Board of Supervisors has 21 days to file a response.
Wassum also addressed the Planning Commission about the action last Thursday night during their Citizens Time. There, Wassum said that the county’s Comprehensive Plan and the data center zoning regulation don’t align. He said the primary purpose of his complaint is to get them aligned.
Earlier during the Board of Supervisors’ Citizens Time, Wassum, who regularly attends county and Town of Marion meetings, quoted a passage from the Bible’s New Testament in which a lawyer questions Jesus and asks him which commandment is the greatest. Jesus responds, “‘You shall love the Lord your God with all your heart, and with all your soul, and with all your mind.’ This is the greatest and first commandment. And a second is like it: ‘You shall love your neighbor as yourself.’”
During a public comment period at Monday’s Marion Town Council meeting, Wassum also noted the legal complaint.
During Thursday’s Board of Supervisors meeting, Marion resident Joe Naff asked the supervisors if the data center regulations should be decided in circuit court. He called the law less restrictive than that of other counties and said it’s “questionable at best.” Naff also said the ordinance was morally and ethically suspect. He urged the supervisors to repeal the ordinance and offer more opportunity for public input and for the supervisors re-vote the matter.
Wassum’s complaint alleges, “…when the Board approved the Zoning Ordinance Amendment on September 10, 2026, it unlawfully ignored and acted in contravention to the Comprehension Plan.”
The complaint “seeks injunctive relief and a writ of mandamus issued against the Board to require the Board to immediately repeal the Zoning Ordinance Amendment.”
In past comments before the Board of Supervisors, Wassum has particularly objected to the regulations that allow data centers to locate in agricultural/rural zones with the approval of Special Use Permit.
The complaint notes that Wassum owns land near Water Mill Road that is zoned as Agricultural/Rural.
The complaint says, “Smyth County, as a whole, is an agricultural community that is renowned for its high mountain ranges, large forests, natural beauty, and abundant outdoor recreational facilities. It is a treasured destination and an attraction for the tourism-related business that the Board desires. The Comprehensive Plan espouses a rural quality of life and a landscape reflecting the County’s agricultural and forestal [sic] heritage.”
The complaint also notes that prior to Sept. 10, the Zoning Ordinance classified “data processing facilities” as a by-right use in commercial and industrial districts only.
Among other allegations, the complaint also says, “Until the actual meeting and vote on the September 10, 2026, it was never announced that the Planning Commission or Board was considering or contemplating an end-run around the Zoning Ordinance by allowing a blanket installation of data centers almost anywhere in Smyth County and in any location zoning as Agricultural (A) or Agricultural/Rural (A/R) simply by approving applications for a special use permit.
The complaint also notes that four of the seven supervisors were physically present for the Sept. 10 vote.
Two joined the meeting via electronic means.
News & Mesenger coverage of the county’s work to develop data center regulations began this spring.
In a May news article, it was noted that Assistant County Administrator Clegg Williams recommended “that a governing ordinance could permit large-scale data centers by a special use permit in areas zoned for industrial use. Data centers of any scale could locate in agricultural, agricultural/rural, and commercial zones with a special use permit.”
Throughout the process, county officials emphasized the importance of the special use permit process, which requires a public hearing and also allows supervisors to place multiple conditions upon projects.
The data center regulations also require companies proposing a data center to hold a community meeting about the project before a formal county public hearing is held.
Prior to data centers, the county’s existing Zoning Ordinance did allow a “Call Center and/or Data Processing Facility” in commercial and industrial zones. Some people expressed fear that that language might be used to allow a data center to come into the county.
While county staff didn’t believe large-scale data centers fit that definition, to eliminate uncertainty, in July, the supervisors removed that language from its ordinance.
In June, the Planning Commission and Board of Supervisors held a joint public hearing at Marion Senior High School on its proposed data center regulations.
Then in July, county officials held an informal time for citizens to come in and talk about data centers.
In late July, rather than recommending adoption of the data center zoning regulations, the county’s Planning Commission sent the proposed regs back to the committee that first developed them. That group was the Joint Ordinance Committee, composed of three members of the Commission and three members of the Board of Supervisors.
The Joint Ordinance Committee went through the regulations and in several cases toughened them and then recommended their adoption.
On Sept. 10, the supervisors did so.
The issue has been reignited in the last week as a developer is assessing town-owned land near Exit 47 for a project. Because of the type of testing the developer has done, including core and noise tests, people have speculated that the project may be a data center.
While the land is town-owned, if the project should be a data center, the property lies in the county and would be subject to the meetings required by the county regulations.
The Marion Town Council said that until the developer determines if they do want to build on the property, it won’t make a statement. That is accepted practice among local governments working on economic development projects. Projects are rarely announced before they are locked in.