Columbus mayor responds to Upatoi residents’ lawsuit against city over ordinance

The day after the Ledger-Enquirer reported Keep It Rural and eight Upatoi residents in northeast Muscogee County filed a lawsuit against the city over an ordinance that would allow a hyperscale data center to be built in their neighborhood, Columbus Mayor Skip Henderson responded to the L-E’s request for comment.

The group, represented by attorney Jonathan Waters, is suing over how the process of approving a technology overlay ordinance was conducted ,which they claim to be unconstitutional on eight counts.

Waters and the plaintiffs ask in their lawsuit filed in Muscogee County Superior Court to not decide whether data centers are good or bad but how the council went about getting the overlay passed.

Plaintiffs allege the council adopted the ordinance: (i) in violation of the Georgia Zoning Procedures Law;

(ii) in violation of the defendants’ zoning and overlay procedures under the Columbus Unified Development Ordinance and the city charter;

(iii) in violation of the procedural and substantive due process guarantees of the United States and Georgia Constitutions;

(iv) in violation of the Georgia Open Meetings Act, through the conduct of an unofficial committee;

(v) on a record so one-sided and procedurally tainted that the decision was arbitrary, capricious and an abuse of the zoning power.

“The adoption of the Technology Overlay Ordinance was done in strict compliance with Georgia law,” Henderson said in the news release his office issued Wednesday.

The mayor dismissed the lack of due process and said “just the opposite was true.”

“The Plaintiffs received extensive opportunity to participate in the process, including a public hearing spanning hours and multiple Council meetings where the pros and cons of the Technology Overlay Ordinance were debated,” the news release says.

Henderson also emphasized that the “protective overlay” is not an approval of a zoning application for any “particular project.”

He said he is disappointed the plaintiffs chose litigation and council’s action will be “vigorously defended.”

The Ledger-Enquirer also asked each of the 10 councilors for their response to the allegations in the lawsuit. Councilor Chairmaine Crabb of District 5 is the only one to reply before publication.

Crabb referred the query to the city attorney. “Council makes no comment,” she said in her email.

The L-E hasn’t received a response from Columbus City Attorney Clifton Fay.

This story was originally published June 24, 2026 at 1:33 PM.