Growing Local Opposition to Data Center Development in Michigan

As I discussed in my previous blog, municipalities across Michigan are now faced with land use decisions relating to the construction of new data centers. These decisions have started to obtain public scrutiny, however, and local opposition to the construction of data centers is growing.

In Saline Township, OpenAI recently announced it was moving forward with a 2.2 million-square-foot data center. This development only became possible after Saline Township settled with the developer of the project, Related Digital. The township initially voted to reject the proposed rezoning of 575 acres on the grounds that the rezoning did not comply with the township’s master plan. The developer then sued the township two days later, and the township subsequently voted to enter a consent judgment with the developer rather than proceed with a protracted legal battle.[1]

Several other municipalities have adopted a different approach. In response to significant public opposition, moratoriums on data center development have been adopted in several townships such as Pittsfield and Howell.[2] These moratoriums are designed to allow the local governments the time to review the total impact of data center proposals as well as create the opportunity to adopt appropriate ordinances to protect the public from the adverse consequences of these developments.

Municipalities see data centers as a financial windfall. These projects are often expected to result in considerable investment and additional tax revenue. Even so, residents are frequently concerned that these developments will radically remake the character of their communities. As a result, local political opposition to data centers has blocked nearly $98 billion in data center investment in Q2 of 2025 alone.[3]

Some citizens in Michigan have also raised concerns about the level of transparency related to land use decisions respecting data centers. For instance, public officials in Howell have been required by the developer to sign Non-Disclosure Agreements relating to the proposed data center there.[4]

When making land use decisions related to data centers, municipal officials must comply with certain procedural requirements under Michigan law. Under the Michigan Open Meetings Act (OMA), public bodies may only make policy decisions at public meetings Mich. Comp. Laws Ann. § 15.263. Furthermore, when a quorum of the members of a given public body is present, officials are prohibited from deliberating towards a decision related to policy under the OMA. Speicher v. Columbia Twp. Bd. of Trs., 497 Mich. 125, 134–35, 860 N.W.2d 51, 55–56 (2014). A public body must also provide adequate notice to the public before holding a meeting to decide land use questions related to data centers.

If you are concerned that your local municipal government is not complying with these procedural requirements under Michigan law, give us a call. The experienced attorneys at Dalton & Tomich, PLC would be happy to review your situation to determine whether your municipal officials are complying with their legal duties and to discuss your options.

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