Utah residents and a progressive nonprofit are suing officials over Kevin O'Leary's planned Stratos Project AI data center, arguing that the special authority overseeing it gives unelected officials too much control over land use, taxation, public health, and local governance. The lawsuit comes as O'Leary has agreed to shrink the proposed 40,000-acre project by 75% amid mounting political and community pushback. NBC News reports: The lawsuit was filed Wednesday in Utah's 3rd District Court by the Alliance for a Better Utah and the group of anonymous residents. The plaintiffs hope to challenge the constitutionality of the Military Installation Development Authority (MIDA) -- a special entity that oversees the data center's proposal -- and its approval of the project, a spokesperson for the nonprofit said. Attorney David Irvine, who is representing the plaintiffs, alleges that MIDA is exercising powers as an unelected body that "the Utah Constitution never authorized." "Under the Stratos plan, it would hold permanent, irrevocable control over public health, safety, taxation, and land use across tens of thousands of acres of Box Elder County, with no voter recourse," he said in a statement.

The lawsuit alleges that allowing MIDA to oversee the data center's development "irrevocably" cuts off Box Elder County citizens' rights by not allowing sufficient public input in the project. "The Stratos Project Area Plan, and actions taken by MIDA and the Commission to enact the same, puts lawmaking power respecting questions of public health, safety, welfare, morals, taxation, zoning, land use, and the like, in relation to a significant swath of county territory in a non-elected MIDA Board," the complaint reads.

In addition to MIDA and the Box Elder County Commission, the lawsuit names Utah Senate President J. Stuart Adams and state Sen. Jerry Stevenson, who also serve as MIDA board members. Irvine said Adams and Stevenson's presence on the MIDA board as active legislators "appears to violate the prohibition on holding more than one office of public trust simultaneously," and claimed this should render the data center's approval "null and void."

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