A Botetourt County land owner is suing to try to void the county’s performance agreement with Google over its planned data center complex.
The lawsuit claims the county board of supervisors discussed the performance agreement in a closed session, and then approved it without discussing the substance of the agreement. The agreement finalized the sale, expedited permitting and included performance grants.
Robert Dallas lives about a half-mile from proposed data center and holds a conservation easement on his land. He says the board failed to follow the Virginia Freedom of Information Act.
"I filed this petition because I strongly believe that Botetourt County Board of Supervisors should follow all the rules of procedure and give citizens like me and many others the chance to make our voices heard," Dallas said. "The board did not do so June 24, 2025, when they agreed to the performance agreement for Google’s data center, outside of the public eye in a closed session, and then voted to adopt it without offering even a hint of what it was. This case is about holding our leaders responsible and having open and transparent government."
If Dallas wins his case, the performance agreement would be invalidated. It’s unclear exactly what would happen next.
“We’re just focused on our lawsuit right now, which deals with this performance agreement, and what the effects of what Botetourt County didn’t do," said John Fishwick, one of the lawyers on the case. "We claim they did not follow the freedom of information act, and there could be ripple effects from that.”
Fishwick did not elaborate.
Botetourt County provided a statement in response: "As this matter involves pending litigation, Botetourt County will not comment on the specific allegations or discuss legal matters. The County respects the legal process and remains committed to providing accurate and appropriate information to the public as the matter moves forward."
