LORDSTOWN — The legality of the village’s proposed ban on artificial intelligence data centers has come under question as village council is scheduled to vote on the legislation Monday.

“Village Council has not satisfied the statutory notice and procedure requirements under Ohio law to be able to vote on — let alone approve — the data center ban on Nov. 3,” attorney Cary M. Snyder, representing Bristolville 25 Developer LLC of New York, New York, wrote in a correspondence dated Thursday.

The letter was addressed to attorney Matthew M. Ries, village solicitor, and Kellie Bordner, the village planning and zoning administrator / economic development director.

Bristolville wants to build a $3.6 billion campus south of the former GM complex, which is part of OpenAI, Oracle and SoftBank Group Corp.’s nationwide AI Stargate initiative. The proposed site covers 98.68 acres in Lordstown and 34.38 acres in Jackson Township, Mahoning County.

Snyder, who is based in the Cleveland office of Taft Stettinius & Hollister LLP, said that as a nonchartered municipality, Lordstown failed to follow the Ohio Revised Code as it relates to zoning.

“(Its) provisions necessitate a public hearing, preceded by a 30-day notice of the time and place of such public hearing,” he wrote.

Snyder said Ohio’s 11th District Court of Appeals affirmed the standard in a 1992 decision.

“To be sure, the recent regular Village Council meetings (held on Oct. 6 and Oct. 20) at which the proposed data center ban was apparently discussed cannot substitute for — and do not constitute — the required public hearing under (the Ohio Revised Code). … As a result, if Village Council purports to enact a data center ban on Nov. 3 — an act that would violate (the Ohio Revised Code) — then that ordinance would be “ineffective and invalid.”

Councilwoman Jessica Blank, who heads Lordstown’s planning and zoning board, questioned Bristolville’s timing of its complaint.

“The ban actually came through my committee,” she said Friday. “All of a sudden we have a few days before our third reading and vote, and they want to answer questions.

“Where were you last month when we’ve been discussing this? That’s when the discussions should have been happening.”

Bristolville claims Lordstown already has acted unlawfully by refusing to move on the company’s site plan review. The company attempted to hand deliver the project documents Oct. 20.

The planning and zoning office was closed that day and Oct. 21 because of illness, Bordner wrote in an email timed and dated 10:17 a.m. Oct 21. She told Bristolville’s representative that her office would not act on the site review plan until council’s vote Monday.

Mayor Jackie Woodward said she and the village’s council members learned of Bristolville’s letter Friday.

“I’m trying to absorb it and identify exactly what it’s implying and what they’re asking for,” she said. “So it’s an interesting piece.”

Woodward said she is waiting for the solicitor’s input once he reviews the documents.

“We are just going to have to lean on (Ries) for guidance to to understand what this means and whether or not it’s accurate,” she said.

Whether council will vote on the AI data center ban will be determined Monday. The item is already on its agenda. Woodward said council members will have the opportunity to remove it during its caucus or regular session.

“I really don’t want to see the village get into litigation over this,” she said. “I feel that the data center developer puts a lot of time and money into selecting where they want to be.

“This ban may trigger litigation, which I hope is not the case.”

Guy Coviello, president and CEO of the Youngstown / Warren Regional Chamber, called on council to table the matter.

“We encourage village council to take its time and seek out expertise to make sure it doesn’t pass legislation that has unintended consequences on its residents,” he wrote Friday in an emailed statement. “The chamber would be happy to assist by convening neutral, third-party experts and facilitating those discussions to help ensure well-informed decisions.”

Councilman Jamie Moseley said Friday he wants the vote to take place, so he can vote “Yes.”

“Our residents don’t want that there,” he said. “These companies think that they’re just going to come in here and do this and that.

“It’s not going to happen this time. These residents are starting to stand up because they’re tired of it.”

Moseley said he has a number of issues with the proposed project. Noise pollution is on top of the list.

“I live right behind that power plant (Lordstown Energy Center), and those things are noisy,” he said. “They haven’t even cranked the second one up yet, and we’re going to have another noise maker down there.

Moseley said residents on Lyntz Road, Hallock Young Road and Highland Avenue are among those who suffer from the industrial development.

“All it does is irritates everybody. It’s not quiet like it used to be. And how does it benefit anybody in Lordstown? Not a damn thing.”

Woodward said if the vote takes place and it passes, council will then decide if it will be enacted immediately as an emergency measure. If the rules for implementation are not suspended, then it would go in effect in 30 days afterward.

Besides touting its initial investment, Bristolville said it will provide millions annually in wages and taxes. The company said it will spend at least $10.8 million to improve the village’s water system and also fund its community projects, such as a swimming pool and pickleball courts.

The data center developer said it will employ 120 full-time workers making an average of $84 per hour. Direct wages are tagged at $21 million annually with $11.4 million annually in indirect earnings.