ANDOVER TOWNSHIP, N.J. (Sussex County) — A lawsuit filed by a Pennsylvania-based developer challenging Andover Township’s ordinance prohibiting data centers throughout the municipality has been dismissed, township officials announced Thursday.
National Land Developers LLC filed the lawsuit July 10 in Superior Court in Sussex County, seeking to invalidate Ordinance 2026-13, which prohibits data centers throughout Andover Township.
The Township Committee said that National Land Developers was dismissing the lawsuit with prejudice, meaning the lawsuit cannot be refiled.
The developer had expressed interest in developing a data center at 248 Stickles Pond Road in the township’s Route 206 Economic Development Zone.
According to the original complaint, the township amended its Route 206 Redevelopment Plan in September 2025 to allow data centers as a permitted principal use within the zone. In April, the township increased the maximum permitted building height for data centers to two stories, or 65 feet.
The Township Committee later changed course and adopted Ordinance 2026-13, prohibiting data centers throughout the municipality and repealing the earlier ordinances that had allowed and regulated the facilities.
National Land Developers alleged in its lawsuit that the township’s adoption of the ordinance violated New Jersey’s Municipal Land Use Law and that there was no valid land use purpose for the prohibition. The developer sought to have the ordinance declared invalid and unenforceable.
Andover Township filed a motion to dismiss the complaint in August. Township officials said Wednesday that the developer was dismissing the lawsuit after receiving notice that the township had filed the motion.
“We are a community that hears our residents,” said Mayor Thomas Walsh, who added “The Township Committee referred Ordinance 2026-13 to the Land Use Board, which found it consistent with the Township’s Master Plan before the Committee adopted it by unanimous vote. Moreover, our Township Committee, administration, and professionals displayed exceptional strategy to succinctly move to prohibit data centers while at the same time successfully defending this litigation.”
Deputy Mayor Krista Gilchrist said the litigation was resolved in less than 90 days.
“while other neighboring towns, such as Sparta, have expended hundreds of thousands of dollars on litigation as a result of various zoning and policy decisions, I am pleased to see this litigation has been brought to an expeditious conclusion in less than 90 days.”
Committeeman Roderick Mosner said the township also obtained a successful tax appeal resulting in $170,000 in additional tax revenue in 2026 involving the same plaintiff.
“National Land Developers, and stated “Our job is to protect the Township by taking appropriate legal measures and being fiscally responsible. Both were achieved in this case.”
Committeeman Ellsworth Bensley Jr. added “I am pleased that this litigation shuts the door on data centers in Andover Township.”
Committeewoman Suzanne Howell indicated “Dismissal of this action also signals the conclusion of any efforts to bring a data center to the Township and puts this matter behind us.”
Township officials said the dismissal affirms the Township Committee’s decision to prohibit data centers and said they will continue to defend the decisions they make on behalf of the community.
