by Mac Haddow

In Prince William County, the story of the PW Digital Gateway has become a master class in legal hypocrisy. After a complete examination of the evidence, Judge Kimberly A. Irving ruled that the Board of County Supervisors’ vote approving the massive data center corridor was void ab initio because the County failed to provide the public with legally required notice, the developers cried foul. Now, before the Virginia Court of Appeals, they are wringing their hands and lamenting “irreparable harm.”

Let’s be clear: the only irreparable harm at stake here is the damage these developers are trying to inflict on the rule of law, public trust, and the integrity of Prince William County’s zoning process.

The Oak Valley Homeowners Association motion to the Appeals Court to reconsider their stay granted to the defendants provides a complete view of Judge Irving’s decision, and what the defendants buried in their briefs to the Appeals Court.

The broken promise

The data center developers — QTS and Compass — along with their lawyers, promised the County they would “accept the legal risk involved and proceed with the December 12, 2023, public hearings.” That promise was made even after County Attorney Michelle Robl explicitly warned that the advertising notice was likely going to be found defective. The developers insisted on moving forward anyway, desperate to secure approval before a new board majority could take office.

Now the same attorneys stand before the Appeals Court pretending to be the victims, claiming they face ruin if Judge Irving’s decision is allowed to stand. It’s as if they want to erase their own words from the record — like magicians pulling a rabbit from an empty hat.

At the August 27 hearing, the County’s own attorney told Judge Irving that the County “was not seeking and did not intend to proceed with development of the property” during the appeal. Yet in their new filings, the developers claim they’ll suffer “irreparable harm” if they cannot proceed with that very same development. That’s not just inconsistent; it’s downright deceptive.

A path they refuse to take

Judge Irving gave the developers an obvious and lawful solution: refile the application, provide proper notice, hold legitimate hearings before the Planning Commission and the BOCS, and let the Board vote again.

But that would mean facing the merits — without the political manipulation and procedural shortcuts that characterized the original approval under former Board Chair Ann Wheeler’s leadership. And the developers know they’d lose that vote today.

So instead, they’ve chosen delay and obfuscation — providing an arguably slippery case to the Court of Appeals rather than doing what the law requires. One of their attorneys even boasted that the stay would “expedite” the appeal by a year. It’s hard to imagine a more cynical abuse of the judicial process.

What’s really at stake

This case is not about technicalities. It’s about whether local governments must follow Virginia’s zoning and notice statutes as written. Judge Irving’s ruling was a defense of good governance, not an obstacle to progress.

When the developers argue that enforcing the law creates “irreparable harm,” they’re really saying that accountability harms them. But accountability is what keeps communities like ours livable. It’s what prevents backroom deals and protects families in Prince William County from reckless overdevelopment.

Confidence in the courts — and in the people

The Oak Valley Homeowners Association and the plaintiffs remain confident that Judge Irving’s carefully reasoned decision will be upheld by the Virginia Court of Appeals — and, if necessary, by the Supreme Court of Virginia. The courts will see through the double-talk and reaffirm that due process and public notice are not optional in Virginia.

The integrity of Prince William County’s zoning process was damaged by the Digital Gateway fiasco. Upholding Judge Irving’s ruling is the first step toward restoring it. The real “irreparable harm” would be allowing those who broke the law to benefit from it.

Mac Haddow is president of the Oak Valley Homeowners Association.