June 11, 2026 | NY/NJ DataCenter Crisis Coalition
On the evening of June 9, 2026, the Orangetown Town Board took a meaningful step forward in confronting the data center crisis facing our community and region. Faced with a packed room of engaged residents and a chorus of voices from across the NY/NJ region, the Board voted to hire AKRF -- a highly respected and capable environmental consulting and planning firm -- to study potential zoning changes governing data centers in Orangetown.
We applaud this decision. It is an acknowledgment by the Town Board of what this Coalition, and hundreds of our neighbors, have been saying for months: Orangetown's zoning rules were written for a different era, and they desperately need to be revisited.
We also want to express our deep and heartfelt gratitude to everyone who showed up, spoke up, submitted comments, and stood with us. Your presence matters. Your voices are being heard. This fight is yours as much as it is ours.
What the Town Board Did -- and What It Didn't Do!
The Board's decision to retain AKRF and study a potential moratorium on new data centers is a positive development. It signals that the Board recognizes the urgency of the moment and the inadequacy of the current zoning framework.
But there is an important gap in what was approved: DataBank Phase II was explicitly carved out of the moratorium study! Supervisor Kenny has stated publicly that the Town Board lacks the legal authority to include an existing pending application like DataBank Phase II in a moratorium. We respectfully but firmly disagree.
The media has taken notice of this growing fight. News 12 Westchester covered Tuesday night's meeting, reporting that environmental concerns over data centers are intensifying in Orangetown and that the debate comes amid a statewide moratorium bill raising questions about whether DataBank's Phase II expansion should be allowed to move forward.
You can watch News 12's full report here: Data Center Fight Grows In Orangetown As Moratoriums Loom -- News 12 Westchester.
The Rockland County Business Journal also covered the Board's action, noting that a future moratorium, as currently contemplated, would not impact the DataBank application: Town of Orangetown Hires Consultant To Study Data Center Moratorium -- Rockland County Business Journal.
lohud / the Journal News examined the central question head-on, asking whether any pause the Town enacts would actually halt DataBank's existing plans: Orangetown Weighs Data Center Pause. Will It Halt Existing Plans? -- lohud / Journal News.
The Rockland County Times, covering local news since 1888, reported on the strong community turnout in support of the proposed moratorium: Data Center Moratorium Proposed in Orangetown -- Rockland County Times.
The Law Is On Our Side: Why DataBank Phase II Can and Should Be Included
"The Vested Rights Standard"
At the June 9 meeting, Coalition member David Rosen addressed the Town Board directly on this issue. His remarks on the vested rights standard were informed by the legal analysis of the Coalition's land use attorney, Clifford Davis, Esq. of White Plains, NY. As Rosen stated to the Board:
"A moratorium's entire purpose is to give a municipality breathing space -- to maintain the status quo while it thinks through the rules carefully. The status quo on DataBank Phase II is clear: no approvals have been granted, no building permits have been issued, and not one shovel of authorized construction has turned. Nothing has been built.
The Town Board always has the right to change its laws before the shovel goes in the ground. That is the foundational principle of New York's vested rights doctrine -- a developer acquires legal protection only upon substantial construction and substantial expenditures. DataBank has done neither on Phase II."
Former Town Attorney, James K. Riley, Esq., Submits Statement to the Board
A powerful legal voice was also heard at the June 9th meeting. James K. Riley, a former Town Attorney for the Town of Orangetown and community resident of Pearl River, submitted a formal statement to the Town Board. As he could not be at the meeting, Heather Hurley of CUPON read his statement to the Board. It outlined in precise legal terms why the Town Board has both the right and the power to include pending applications in any moratorium it enacts.
Mr. Riley's statement identified a critical flaw in the moratorium resolution as drafted. The proposed language limiting the moratorium to "further permit applications" was, in his words, "much too narrow" and would impose "a self-inflicted legal strangulation of the land use rights and powers which the Town is otherwise entitled to exercise under law."
Mr. Riley proposed the following alternative language:
"The Town Board is desirous of considering a moratorium, which would be established by local law, against the acceptance of any further permit applications, or continuation of the planning board land use review process of any permit applications that are now pending or under consideration in the land use review process for either new Data Centers or for any proposed expansion of existing Data Centers."
Mr. Riley grounded his position in controlling New York precedent. The landmark case Ellington Construction Corp. v. Zoning Board of the Incorporated Village of New Hempstead (New York's highest court, 77 N.Y.2d 114, 1990) establishes that a developer's rights vest only when approval has been secured, a building permit has been issued, and the applicant has "undertaken substantial construction and made substantial expenditures" prior to any amendment of the zoning code. DataBank Phase II has none of these. No permit. No construction. No expenditures.
Mr. Riley also warned that the Board must establish a firm and urgent timeline for AKRF's work: "When is the planning firm supposed to report back to the Town Board? A very short time period should be established." He noted that as of the date of his statement, more than 100 moratoriums on data centers have been established across the country. Orangetown must proceed, in his words, "with all deliberate speed."
The Magee Case Does Not Apply
The Supervisor has pointed to the Town's experience in the Magee case as a reason for caution. In that case, the Town revoked an already-issued permit after a developer had spent over four million dollars in actual construction -- footings poured, foundations built. The Court found the revocation was done for political reasons and awarded over five million dollars in damages.
That case has nothing to do with DataBank Phase II. Magee stands for the proposition that you cannot pull the rug out from under a developer who has already built and spent in reliance on a valid permit. It says nothing -- nothing -- about enacting a moratorium before a permit is ever issued. DataBank Phase II has no permit, no construction, and no expenditures. Using Magee as a reason not to act turns that case completely on its head.
The Comprehensive Plan Demands Action
Less than three years ago, this very Town Board adopted its own Comprehensive Plan -- developed with professional consultants, including AKRF. That plan is explicit: data centers are not a permitted use in the LIO district, and Conditional Use regulations would need to be adopted before they ever could be.
This Board did that work. This Board made that finding. The current Town Code contains no Conditional Use regulations for data centers. To carve DataBank Phase II out of the moratorium and allow its application to proceed unchecked is to evade and ignore this Board's own Comprehensive Plan -- and to make a mockery of the extensive public process that produced it.
The Fight Continues -- Mark Your Calendar
The Town Board's action is a beginning, not an end. The real test comes at the Orangetown Planning Board, where DataBank Phase II is still seeking approval.
📅 Next Critical Hearing: Wednesday, July 8, 2026 at 7:00 PM
Orangetown Town Hall
26 Orangeburg Road, Orangeburg, NY 10962
Town Board Meeting Room (the larger room)
We need every seat filled. This is the decisive moment in the Planning Board process. DataBank's attorneys have already attempted to mischaracterize the record. The Town's own planning consultant, AKRF, has identified 18 unresolved issues and declined to recommend a Negative Declaration. The environmental case against this project is strong -- but only if the community shows up to support it.
Please share this with your neighbors, your networks, and anyone who cares about the future of Orangetown and the surrounding region. Post it. Forward it. Talk about it.
Together, we are making a difference. The fight continues.