The developers behind a data center project in Tarboro, North Carolina, are set to appeal a decision to reject the proposal.

On November 13, developer Energy Storage Solutions appealed the Town of Tarboro’s decision to deny a Special Use Permit for its data center development, calling on the Superior Court of Edgecombe County to reverse the denial and order the Town to approve the project.

The proposal called for the construction of an eight-phase 300MW data center on a 52-acre land parcel currently zoned for Heavy Industrial use near Anaconda and McNair roads.

The project would consist of four 25MW data centers and four 50MW “mobile” data centers, as well as onsite generation yards and battery energy storage systems.

The developer alleges that the Town committed numerous “errors of law” by issuing improper standing rulings, erroneously admitting evidence, and denying the developer the opportunity to make a closing statement.

It also contends that the Town allowed proceedings to deteriorate into a “town hall” or “political referendum," contrary to the “quasi-judicial” format of the proceedings.

“We just wanted a fair hearing, and we don’t believe we received one,” said Energy Storage Solutions president Dan Shaffer, speaking to local outlet My Tarboro Today.

“The hearing was unduly tainted by the manner in which the mayor recused himself, and persons were allowed to testify who had no standing.”

Shaffer said that a settlement could allow the town to avoid significant legal expenses.

Settlements between local authorities and developers are common. In late October, Saline Township in Michigan settled a lawsuit with developer Related Digital, allowing a data center project to proceed as long as it adhered to certain requirements related to its physical footprint.

Tarboro is a town located some 70 miles east of Raleigh, the state capital, and DataCenterMap does not list any facilities in the town at the time of writing.