News

Developer sues Upper Merion over denial of data centers

Published Friday, September 25, 2026

Developer Brian O'Neill, CEO of MLP Ventures, has filed five lawsuits against the Upper Merion Township Board of Supervisors over its denial of five proposed King of Prussia data center projects totaling 4.6 million square feet. The developer argues that officials had previously indicated the developments would comply with zoning as a warehouse use and that the board's rejection was driven by public opposition rather than objective zoning deficiencies. The proposals were denied following a contentious Aug. 13 public meeting where supervisors cited insufficient information about community impacts like energy and utility needs. The denials were met with applause from residents and backed by an 18,000-signature petition. O'Neill's suits, filed in Montgomery County Court, claim this reasoning was legally improper and seek court approval of the plans. Because the proposals predate a new township ordinance regulating data centers' noise, energy and water impacts, that ordinance doesn't apply to this case. The denial comes amid broader regional and statewide pushback against data center development.
Source: Philadelphia Business Journal; 9/17/2026