ANDOVER TOWNSHIP, N.J. (Sussex County) — A Pennsylvania-based developer has filed a lawsuit against Andover Township seeking to invalidate an ordinance that prohibits data centers throughout the municipality.
National Land Developers LLC filed the complaint July 10 in Superior Court in Sussex County, alleging Andover Township unlawfully adopted Ordinance 2026-13, which classifies data centers as a prohibited use throughout the township and repealed two earlier ordinances that had allowed and regulated the facilities.
According to the complaint, National Land Developers has an interest in developing a data center on property at 248 Stickles Pond Road, identified as Block 151, Lot 21.
The lawsuit states the property is located within the township’s Route 206 Economic Development Zone, which was established in 2024 as part of the Route 206 Redevelopment Plan. The complaint alleges the township amended the redevelopment plan in September 2025 to add data centers as a permitted principal use within the zone and again in April 2026 to increase the maximum permitted building height for data centers to two stories, or 65 feet.
According to the complaint, the Township Committee voted May 7 to introduce an ordinance establishing additional standards for data centers within the economic development zone. Five days later, the committee instead voted to introduce Ordinance 2026-13, which prohibited data centers throughout the township and repealed the previous ordinances.
The lawsuit alleges “no valid land use purpose existed for the adoption of Ordinance 2026-13,” that its adoption “does not constitute sound planning,” and that there was no change to the township’s master plan before the ordinance was approved.
National Land Developers also claims the ordinance was not adopted in accordance with New Jersey’s Municipal Land Use Law. Among the allegations, the complaint contends the township failed to provide required notice, the Land Use Board conducted an arbitrary, capricious and unreasonable review of the ordinance’s consistency with the master plan, and the board failed to prepare and transmit a required report to the Township Committee before the ordinance was adopted.
The developer is asking the court to declare Ordinance 2026-13 invalid and unenforceable, prohibit the township from enforcing it, and award attorney’s fees, costs and other relief.
In a statement, the Andover Township mayor and Township Committee acknowledged receiving notice of the lawsuit and said they intend to fight it.
“The Township Committee intends to vigorously defend the allegations and has no interest in settling. We are confident that we will demonstrate to the court that the action taken to prohibit data centers was a valid and reasonable exercise of the Mayor and Committee’s authority and power.”
Township officials also said the filing of the lawsuit “does not provide any additional rights to a property owner, as the current prohibition regarding data centers remains in effect.”
According to the statement, the township anticipates filing a response to the complaint within the next 30 days and expects the court to issue a case management order within the next 60 days.
The allegations against the township are contained in a civil complaint. The township has not yet filed its formal response in court, and the claims have not been decided by the court.
