Community members file for legal review of eastside data center

A group of eastriders and a charter school have made another effort to push back against a data center development near Irvington. 

Two community neighbors, Irvington Community Schools and activist group Eastside Community Action filed a petition Aug. 14 for a judicial review of the Metropolitan Development Commission’s July 15 approval for a data center campus. 

They also filed a request to prevent construction of the project from happening while the review is in process. 

Georgia-based developer DC Blox plans to build a $2 billion data center campus near South Kitley Avenue. The project would be constructed on a brownfield — contaminated land — located on the Thunderbird Commerce Center property, an industrial park that was once home to a Ford plant. 

Many residents have expressed concerns over pollution, an increase in utility bills and the property’s proximity to Irvington Community Elementary School. The school is just across the Pennsy Trail from the project site.

Megan Lapa, a plaintiff and resident who lives near the site, said filing the petition is one of the only steps available to the community to continue its opposition. 

The complaint was filed in Marion Superior Court 5. It claims, in part, that the MDC’s approval was not in accordance with state law. DC Blox was required to meet five criteria in order for a use variance to be approved. Plaintiffs argue that the criteria was not met, therefore the MDC should not have approved the project. 

Developers must prove a project will not be injurious to the public health, safety, morals, and general welfare of the community.

Lapa said community members presented examples demonstrating why those standards were not met at the July 15 MDC meeting when the project was approved. For example, Irvington Community School board members shared concerns about contaminated soil being exposed during the construction of the development. They worry the soil would pose a risk to the students at the nearby school. 

“The fact that it was disregarded so pretty carelessly was disappointing to see from our local government, and disappointing to see from the MDC as a whole,” Lapa said.

Trena Roudeboush, the chief communications officer for the Department of Metropolitan Development, told Mirror Indy by email the department does not comment on pending litigation. Representatives for DC Blox told Mirror Indy by email that “DC BLOX has no further information to share at this time.”  

DC Blox representatives have published several community commitments for the project online, including a promise to pay for all utility costs, only run generator tests outside of school hours and follow state and federal brownfield cleanup requirements. The company has also committed to contributing at least $20,000 every year for maintenance of the Pennsy Trail for five years.

Mikey Hess, a coordinator for Eastside Community Action, said instead of a data center, he would like to see development that is beneficial to the community. He said there has been other development at the Thunderbird Commerce Center that has brought more jobs than the data center would, such as the Monarch Beverage distribution center. 

“Ideally, they would build nothing there and they would renovate the brownfield and either not use the land at all, or turn it into some kind of green space,” Hess said. 

What’s next

No hearings have been scheduled for the judicial review.

Hess encourages community members to stay informed with the Eastside Community Action Facebook page. 

DC Blox and the Indy Economic Development Inc. are still in discussion over tax incentives for the developer.

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Mirror Indy reporter Darian Benson covers east Indianapolis. Contact her at 317-397-7262 or da***********@********dy.org. Follow her on X @HelloImDarian or on Bluesky @darianbenson.bsky.social.

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