Data Center Noise Complaint Goes to Judge

Date:

Share post:

N.J. Superior Court Judge James Swift, sitting in Cumberland County, has scheduled a motion hearing for September 25 to dismiss a noise lawsuit filed by nearby residents against DataOne, under construction  on South Lincoln Avenue in Vineland. The data center has asked has asked the court to dismiss the case and also petitioned to reject the residents’ motion to have the case certified as a class action.

Residents (including Steve Brown, Scott Montgomery, and Michael Gentile) filed the lawsuit in June, claiming continuous industrial humming sounds disrupt their properties up to a mile away. Plaintiffs’ attorney Laura Sheets stated that the dismissal request will be strongly opposed. The residents are asking Judge Swift to certify the case as a class action, which would legally allow other affected neighbors to formally join the lawsuit and possibly produce a large settlement or judgement.

- Advertisement -

The primary damages and remedies requested in the complaint is compensation for diminished property value. The lawsuit claims that the constant, industrial-scale noise has negatively impacted and damaged the property values of the roughly 1,800 residential parcels within the 1.5-mile radius. 

Financial damages are also  being sought for the residents’ lost ability to safely use and enjoy their properties, citing that the noise prevents them from sleeping or spending time outside in their backyards.

DataOne’s primary defense argues that the noise is temporary and related to ongoing construction, and that the plaintiffs lack sufficient evidence to prove a long-term legal nuisance. By framing the issue as an unavoidable, temporary part of building a multi-billion-dollar project, the company is arguing that the threshold for a permanent nuisance lawsuit has not been legally met.

Previous article

Current Issue

SNJ Today
SideRail

Related articles

Tales from The Kitchen

Let’s get this straight: Soup isn’t typically served at the Vineland Community Kitchen. “We have people thinking all we...

Meet and Greet for New Superintendent

A segment of Vineland’s Latino community recently gathered at La Unica to give a down-home welcome to the...

Yummy Muffins

Here’s a recipe that incorporates some of the zucchini you may have on hand. Wholesome ingredients such as...

CU Maurice River Story Coming to the Big Screen

ArtC Films has created a documentary telling the story of CU Maurice River, its work protecting the Maurice...