Joliet Technology Center Ruling Brings City Of Joliet Resounding Victory Over These Data Center Opponents

JOLIET, IL — Last week inside the Will County Courthouse, an NBC Chicago Channel 5 reporter was trying to obtain a ruling from Will County Judge Victoria Breslan in regard to the civil lawsuit filed against the city of Joliet trying to stop one of the largest data centers from ever being built — only to learn from courthouse staff that the judge's ruling was not available yet. The young man wearing the NBC jacket left the downtown Joliet courthouse empty handed. Now, Joliet Patch has obtained a copy of the judge's ruling first.

According to the order, the city of Joliet and its legal staff have obtained a tremendous victory over their opposition. The plaintiffs have called themselves Joliet Residents For Responsible Growth, a not-for-profit corporation consisting of Craig Doorneweerd. Rhonda Doorneweerd and Pedro Garcia.

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The lawsuit defendants — the side that achieved the victory — include the city of Joliet, Powerhouse Hillwood Holding, HW Technology Park Development and American Real Estate Partners.

"While we typically do not comment on ongoing litigation, we are pleased with the ruling. The City remains committed to transparency in all of its public meetings and will keep working to make sure residents are informed and can take part in decisions affecting our community," city of Joliet spokeswoman Sydney Thompson notified Joliet Patch on Monday.

Last October, Joliet Patch broke the news revealing that the city of Joliet was considering plans to build one of the largest data centers in the Midwest, not far from the NASCAR track. By March, the Joliet City Council, except for councilwoman Suzanna Ibarra, loved the project, and in an 8 to 1 vote, approved plans to bring Joliet its first data center.

According to their May lawsuit, lawsuit plaintiffs Craig and Rhonda Doorneweerd live at 23909 South Ridge Road in Elwood and both appeared on March 16 at the public hearing held by the Joliet City Council. As for Pedro Garcia, he lives on Schweitzer Road, and his mother appeared at the public hearing to offer her opposition to the data center.

Their lawsuit explained that the Joliet Residents For Responsible Growth "membership includes residents and property owners whose properties lie within one mile, within two miles, and within three miles of the project. The interests JRRG seeks to protect in this action are germane to the organization's purpose and neither the claims asserted nor the relief requested requires the participation of individual members beyond those named as plaintiffs."

A copy of Judge Breslan's legal ruling in favor of the city of Joliet and its corporate allies is contained below:

"This matter comes on for decision as to Defendants' Motions to Dismiss Count I, for Summary Judgement on Counts II-III, and Motion to Dismiss all claims brought by Joliet Residents for Responsible Growth and Defendants City of Joliet's combined Motion to Dismiss After reviewing the pleadings, considering the arguments and applicable law the Court hereby issues a combined ruling as follows:

"As to Count I, the Court finds that the March 5, 2026 notice substantially complied with the applicable statutory requirements set forth in 65 ILCS 5/11-13-14 and 65 ILCS 5/11-15.1-3. Neither statute requires the notice to specifically identify the project as a data center or to describe the nature and scale of the proposed project. The notice disclosed the proposed annexation, industrial classification, agreement, and named technology-center planned unit development. Accordingly, Count I is dismissed with prejudice.

"As to Count II, summary judgment is granted in favor of Defendants. The Court finds that the evidence establishes that the reconvened meeting held on March 19, 2026, was open to the public. Plaintiffs have failed to establish a genuine issue of material fact that would preclude the entry of summary judgment.

"As to Count III, summary judgment is granted in favor of Defendants. Plaintiffs have failed to establish a genuine issue of material fact demonstrating that they were denied due process or that their participation rights at the hearing were violated.

"As to Count IV, the Court finds that Joliet Residents for Responsible Growth ("JRRG") has failed to establish standing to pursue Counts I through IV in its own capacity. Accordingly, Counts I through IV are dismissed to the extent they are asserted by JRRG. The Court further finds that the claim presents an as-applied zoning challenge, which requires the party asserting the challenge to establish special damage to its property that is distinct in kind from the injury suffered by the public generally. Garner v. City of Chicago, 8 III. 2d 155, 158-59 (1956). The harms alleged in the Complaint, including those relating to regional water supply, grid reliability, public infrastructure, and regional traffic, are pleaded as harms to the public generally rather than as special damages to an identified member's parcel. The Complaint does not plead, on a member-by-member basis, the parcel-specific injury and hardship necessary to support the claim. See La Salle National Bank v. County of Cook, 12 Ill. 2d 40, 46 (1957); Napleton v. Village of Hinsdale, 229 Ill. 2d 296, 316 (2008). Accordingly, Count IV is dismissed without prejudice. JRRG shall have twenty-eight (28) days from the entry of this Order to file an amended pleading, if it can do so consistently with applicable law, to address the deficiencies identified herein."

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