October 17, 2026
Paulding County Residents File Lawsuit Challenging Technology Park Overlay District
Paulding County, GA — A group of Paulding County residents has filed a Petition for Declaratory Judgment and Other Relief in the Superior Court of Paulding County against Paulding County, Georgia. The lawsuit challenges the validity of Text Amendment 2025-06 and the Technology Park Overlay District (TPOD) that allows hyperscale data centers as a ‘matter of right’ directly adjacent to residential properties.
The Petitioners are represented by attorney Robert Abney Fricks, Sr. of Fricks Person Tourville, LLC in Warner Robins, Georgia. Fricks has previously represented citizens in similar challenges to data center projects in other Georgia counties.
The lawsuit alleges that the Paulding County Board of Commissioners approved the TPOD on September 9, 2025, without providing the mandatory public notice required under Georgia law and local ordinances. Specifically, the County failed to mail timely written notice to affected property owners, publish proper newspaper notice, and post required signage. The Petition further alleges that the TPOD was adopted without adequate studies, findings, or meaningful public participation, and that it effectively allows large-scale data centers to bypass traditional zoning protections.
Several Petitioners own property directly adjacent to or within the Bethel Church portion of the TPOD and assert they received no notice of the proposed overlay. The lawsuit details unique harms these neighboring property owners face, including reduced property values, noise and vibration from construction and operations, potential damage to wells, increased traffic, light pollution, and other impacts associated with hyperscale data centers.
The Petition also challenges later Board actions that overrode a Planning Commission recommendation and reduced required residential buffers. While the Board later adopted a temporary moratorium on new data center applications (Resolution 2026-27, effective through January 1, 2027), the Petitioners contend the underlying TPOD remains invalid and was adopted in violation of due process, equal protection, and statutory zoning procedures.
Petitioners seek a declaratory judgment invalidating the text amendments and TPOD, a finding that the County’s actions were ultra vires and unconstitutional, and further relief including a restraining order preventing additional unlawful actions related to the overlays.
Plaintiff Shannon Utz whose property abuts to one of the parcels said ” We are proud to exercise our rights as citizens to hold our local government accountable and ensure that the laws designed to protect our communities are upheld. This lawsuit is not simply about data centers. It is about transparency, the rule of law, and the fundamental right of citizens to expect their elected officials to follow the same laws they are entrusted to enforce. We believe our community deserves better.”