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Contested

Dickson City Data Center (Dickson City Development LLC, Bell Mountain)

Dickson City Borough, Lackawanna County

A company tied to Kriger Construction's Jim Marzolino wants four data center buildings on Bell Mountain in Dickson City. The borough limited data centers to its small manufacturing district, its zoning board upheld that rule in May 2026, and the dispute is now headed through Lackawanna County court.

ContestedTBD/UndisclosedGreenfieldNEPA
At a glance

The project by the numbers

StatusOn Appeal
First announced2026-01

Zoning board rejects Bell Mountain developer's challenge as the fight moves to county court

The number that mattersAt the Feb. 12, 2026 hearing, after the developer's lawyers had asked for a data center overlay on Bell Mountain, Lackawanna County Commissioner Bill Gaughan told council: 'once the mountains are cut, they are cut.'
Developer
Dickson City Development LLC, registered in November 2025 at 99 Power Boulevard, Archbald, the headquarters address of Kriger Construction Inc.; WVIA reports ties to Kriger President Jim Marzolino. Attorneys Michael Mey of Mey & Sulla in Dunmore and Raymond Rinaldi represent the company.
Tenant
No tenant or end user has been named, and the borough says the developer hasn't disclosed how much power the campus would need.
Current stage
On appeal as of October 22, 2026. The Zoning Hearing Board unanimously denied the developer's challenge to the borough's data center ordinance on May 20, 2026, and the borough solicitor said the dispute is now in the Lackawanna County Court of Common Pleas. The developer's separate appeal of the zoning officer's permit denial was continued to May 27, 2026, and we found no report of the result. No DEP permit applications have been filed.
Decision body
Lackawanna County Court of Common Pleas (land use appeal); Dickson City Zoning Hearing Board (appeal of the zoning officer's permit denial and any special exception); Dickson City Borough Council (zoning ordinance).
Top issues
Building on a mountain zoned residential/open space instead of the manufacturing district; whether a data center counts as manufacturing; undisclosed power demand and how new high-voltage lines would reach the site; noise, water and light pollution; the region's coal mining legacy
Key opponents
No named organized group has been reported. Lackawanna County Commissioner Bill Gaughan and County Controller Gary DiBileo spoke at the borough's Feb. 12, 2026 hearing, which drew about 150 people, and called for a statewide pause on data center construction.
Key supporters
No public supporters beyond the developer and its attorneys have been reported.

How we got here

Dickson City Development LLC registered in November 2025, and borough council began discussing a data center ordinance in December 2025. In January 2026 the company applied for four zoning permits in the commercial district, which the zoning officer denied. On Feb. 12, 2026, after about two and a half hours of public comment, council unanimously limited data centers to the manufacturing district by special exception. The developer appealed both the ordinance and the permit denial. The Zoning Hearing Board held its first hearing on the permit denial on April 29, and on May 20 it unanimously denied the developer's challenge to the ordinance, which the solicitor said sends the matter to county court. The permit-denial hearing was continued to May 27.

What is at stake

Impacts raised and open questions

Energy costs and the grid

Medium

The developer hasn't told the borough how much power the campus would need, the solicitor said, and its lawyer argued that lines to the manufacturing district would have to run through residential neighborhoods.

WVIA News

Noise and vibration

Medium

Residents at the Feb. 12, 2026 hearing raised noise, water and light pollution, including worries that data center noise would disrupt children's learning.

WVIA News

Visual and light

Medium

The campus would go on Bell Mountain in a residential/open space zone, and County Commissioner Bill Gaughan warned council that 'once the mountains are cut, they are cut.'

WVIA News
Timeline

How it has unfolded

  • 2025-11Dickson City Development LLC registers with the Pennsylvania Department of State at Kriger Construction's Archbald address, WVIA reports. WVIA News
  • 2025-12Council first meets to discuss a data center zoning ordinance. WVIA News
  • 2026-01The developer applies for four zoning permits in the commercial district, citing the 2003 ordinance's 'data processing and record storage' use; the zoning officer denies them. WVIA News
  • 2026-02-12Council unanimously adopts an ordinance allowing data centers only by special exception in the manufacturing district, with a 60-foot height limit. FOX56 (WOLF)
  • 2026-04-29The board holds its first hearing on the developer's appeal of the zoning permit denial. WVIA News
  • 2026-05-20The board unanimously denies the developer's challenge to the data center ordinance; the solicitor says the matter moves to county court. WVIA News
  • 2026-05-27The continued hearing on the zoning permit denial is scheduled at the borough municipal building. WVIA News
Legal record

Filings and legal actions

  • 2026
    Zoning ordinance validity challenge Dickson City Zoning Hearing Board · n/a

    The developer argued the February 2026 data center ordinance was invalid on 65 points, including that the manufacturing district lacks room and high-voltage power for a data center.

    Dickson City Development LLC v. Dickson City Borough · Denied unanimously May 20, 2026
  • Land use appeal Lackawanna County Court of Common Pleas · n/a

    Appeal of the Zoning Hearing Board's denial of the developer's challenge to the data center ordinance.

    Dickson City Development LLC; Dickson City Borough · Pending; the borough solicitor said in May 2026 the issue is now in the court's hands. No docket number has been published.
  • 2026
    Appeal of zoning officer's permit denial Dickson City Zoning Hearing Board · n/a

    Appeal of the denial of the four zoning use permits the developer sought for the Bell Mountain site.

    Dickson City Development LLC; Dickson City Borough zoning officer · Hearing opened April 29, 2026 and was continued to May 27, 2026; no outcome reported
News

Coverage of this project

Sources

Know your rights

In Pennsylvania, the local zoning ordinance sets the route. A conditional use is decided by the elected governing body (supervisors, commissioners or council). A special exception or variance, and an appeal of a zoning officer’s decision, go to the Zoning Hearing Board. Each is a public hearing on a record: affected neighbors can ask for party status, cross-examine witnesses, and appeal. Municipalities can also adopt data center ordinances with enforceable standards.

Know your rights →

Take action

Organized community opposition is the single most effective check on these projects in Pennsylvania. Show up to hearings, submit comment when it is taken, support legal and expert-witness costs, and press your municipality for a real ordinance. Pennsylvania municipalities cannot simply freeze applications, but a curative amendment under the Planning Code gives them a defined window to fix a defective ordinance.

How communities push back →