NSI 6 v. Benton County, MO — injunction against data center moratorium
NSI 6 v. Benton County Commission (Mo. Cir. Ct., Benton County) — Judge Grants Preliminary Injunction Blocking the County's Data Center Moratorium (Oct. 6, 2026)
Benton County, MO · NSI 6 v. Benton County Commission (Mo. Cir. Ct., Benton County 2026)
- Status
- Blocked / in litigation
- Applies to
- Benton County Commission (enjoined from enforcing the moratorium)
- Enforced by
- Benton County Circuit Court, Missouri
A developer, NSI 6, sued Benton County, Missouri over the data center moratorium of up to a year that the county commission adopted in August 2026. On Oct. 6, 2026 a judge ordered the county not to enforce the moratorium until the case is decided, finding the ordinance cited public-health statutes but rested on no findings or data that data centers pose a health risk. NSI 6 wants to build a data center on 12 acres at U.S. Route 65 and Dam Access Road in Warsaw.
Who is protected: No one on the protective side; this is a challenge to a county data center restriction
Legal detail
Benton County Circuit Court; Senior Judge Jacqueline Cook. Preliminary injunction issued Tuesday Oct. 6, 2026 against the Benton County Commission. Court: the commission relied on statutes requiring the ordinance to 'bear a reasonable relation to public health enhancement and disease prevention,' but the ordinance 'relies on no specific findings, no data or facts to support a claim or finding that data centers pose a health risk or potential for disease'; plaintiff showed sufficient probability of success and irreparable harm. County argued the ordinance was not zoning but a due-diligence pause of up to a year (utilities, drainage, stormwater, lighting, noise) and that plaintiff did not exist until after adoption. NOT ESTABLISHED: case number, moratorium adoption date beyond 'August', ordinance number. The moratorium itself is not separately in the dataset.
Key facts
| Jurisdiction | Benton County, MO |
|---|---|
| Level | County |
| Citation | NSI 6 v. Benton County Commission (Mo. Cir. Ct., Benton County 2026) |
| Private right of action | No, agency enforcement only |
| Penalties | Injunctive relief only |
| Topics | data-center siting and energy |
| News report | Preliminary injunction granted against Benton County's moratorium on data centers — KMMO (Oct. 8, 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
See something wrong or out of date? Submit a correction. Every entry must carry a verifiable source.