Waverly residents v. Sangamon County (CyrusOne data center)
Caruthers et al. v. Sangamon County: Waverly-Area Residents Sue to Overturn County Rezoning for CyrusOne Hyperscale Data Center (Filed July 6, 2026)
Sangamon County, IL · Waverly-area residents v. Sangamon County and Sangamon County Board (Ill. Cir. Ct. Sangamon Cnty., filed July 6, 2026)
- Status
- Blocked / in litigation
- Applies to
- Sangamon County (zoning approval under challenge); CyrusOne
- Enforced by
- Sangamon County Circuit Court
On July 6, 2026, several residents near Waverly, Illinois sued Sangamon County and its County Board to overturn the board's April 7, 2026 approval of a rezoning. The rezoning covers four farmland parcels, about 280 acres, for a CyrusOne hyperscale data center. The residents say the approval fails the county's own mandatory zoning standards and has no rational basis. They also say it threatens nearby farms, homes and a dog-kennel business. The county is defending the case. As of mid-July no hearing dates were set, and the land sale had not closed.
Who is protected: Residents and landowners near the proposed CyrusOne site (Waverly area)
Legal detail
Sangamon County Circuit Court (Judge Adam Giganti). Plaintiffs: Waverly-area residents (discovery lists caption as Caruthers et al. v. Sangamon County; caption not confirmed in opened source). Defendants: Sangamon County and Sangamon County Board, represented by the State's Attorney's Office. Challenged action: April 7, 2026 County Board zoning approval for four agricultural parcels (~280 acres) for a CyrusOne hyperscale data center; plaintiffs also note the approval is misdated March 23. Claims: approval lacks rational basis and fails mandatory standards of the county zoning ordinance; due process. Filed July 6, 2026, the last day of the 90-day Illinois limitations period for challenging the zoning decision.
Key facts
| Jurisdiction | Sangamon County, IL |
|---|---|
| Level | County |
| Citation | Waverly-area residents v. Sangamon County and Sangamon County Board (Ill. Cir. Ct. Sangamon Cnty., filed July 6, 2026) |
| Private right of action | No, agency enforcement only |
| Topics | data-center siting and energy |
| News report | Residents sue Sangamon County over CyrusOne data center approval (Illinois Times, July 16, 2026) |
Related data-center siting and energy rules elsewhere
- Superior WI Data Center Moratorium (1-year) · In effect
- Dane County WI Hyperscale Data Center Moratorium · In effect
- Madison WI Data Center Moratorium (1-year) · In effect
- Manitowoc County WI Data Center Moratorium · In effect
- WA SB 5982 (Data Center / Clean Energy) · In effect
- Dayton OH data center moratorium (180-day, Apr 2026) · In effect
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