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A newly assigned Jefferson County judge will hear arguments Tuesday on whether a challenge to a proposed Birmingham AI data center can resume where it left off after the previous judge recused herself.
Circuit Judge Javan Patton Crayton set a status and scheduling conference for 9:30 a.m. Tuesday and directed the parties to be prepared to discuss the plaintiffs’ emergency motion to complete the preliminary injunction hearing.
Circuit Court Judge Tamara Harris JohnsonRobert B. Sansome and John Benjamin Hilley filed the motion Friday, arguing that two days of testimony had already been heard and that they had completed presenting their case before Circuit Judge Tamara Harris Johnson stepped aside.
According to the filing, the defendants had only begun presenting their first witness when the judge recused herself.
The motion says Johnson disclosed she had worked at the same law firm as the plaintiffs’ attorney more than 25 years ago and had served as Birmingham city attorney more than two decades ago. Plaintiffs contend the judge stated she could remain fair and impartial, but recused herself after attorneys for Nebius requested that she do so.
The filing argues that restarting the proceedings would unnecessarily delay a decision on the request for a preliminary injunction while construction at the project site continues. Plaintiffs say each day of delay increases the harm they allege is occurring.
The lawsuit names Hoar Construction LLC, Lakeshore Data Center LLC, Nebius Inc., Nebius Group N.V., Alabama ADC Holdings LLC, the City of Birmingham and the city’s Zoning Board of Adjustment as defendants.
Background
Johnson recused herself Thursday from a lawsuit challenging the construction of an AI data center in Birmingham, abruptly ending a three-day trial and forcing the case to begin again before a new judge.
Two Oxmoor Valley residents sued Nebius, Hoar Construction, Lakeshore Data Center and the City of Birmingham, arguing the AI data center is being built illegally on property not authorized for that type of facility. The plaintiffs are seeking to halt construction, citing noise from the project that they say has disrupted their ability to enjoy their homes.
Johnson also denied a defense request to combine the case with a separate class-action lawsuit filed in May by area residents challenging the project, ruling the cases would remain separate.
After testimony concluded Thursday, the trial came to an unexpected end when an attorney for Nebius asked Johnson to recuse herself because of her prior professional relationship with the plaintiffs’ attorney. Johnson granted the request, immediately ending the trial.
An order filed Thursday states Johnson recused herself “to avoid the appearance of impropriety” and directs the Jefferson County Circuit Court clerk to randomly reassign the case to another judge.
