PROJECT FLASH: Franklin County BOS secretly negotiated a 100MW Crusoe Energy Systems AI data center at publicly-owned Summit View Business Park (550-acre total park, ~150 acres for data center) behind two NDAs. Chair Lorie Smith told citizens no data center discussions were happening — FOIA proved that was false. 71-page criminal complaint filed naming Smith, Vice-Chair Mitchell, and County Administrator Sandy. Special Prosecutor Bethany Harrison (Lynchburg CA) appointed July 8, 2026. Crusoe funded by Peter Thiel Founders Fund ($500M, $10B valuation). Natural gas combustion turbine proposed on-site, 1.4 miles from Boones Mill Elementary. Supervisor Dan Quinn posted full meeting recap. 43 citizens spoke at July 21 BOS meeting (~150 attended).
EDA meeting May 7 2026. Recorded vote on site selection and corridor reviews: Diane Kearns Aye Christine Kriz Aye Gary Lofton Aye. No recusal recorded for Kearns despite corridor review overlapping Route 277 area where DTS LC property is located. EDA agenda Doc #44988 lists Kearns as present.
No file attachedEDA meeting April 2 2026. Recorded vote approving Treasurer Reports: Jason Aikens Aye Bryan Fairbanks Aye Diane Kearns Aye Christine Kriz Aye Gary Lofton Aye. No recusal recorded for Kearns.
No file attachedCPPA 034-24 submitted by Madison II LLC covers 149.02 acres on parcel 87-A-15 along Route 277 Fairfax Pike requesting non-contiguous Urban Development Area designation. Valley Engineering representative Craig George presented. Diane Kearns as CPPC member reviewed and voted on this amendment Jan 21 2026 without recusal despite DTS LC property adjacent to Route 277 corridor.
No file attachedWinchester Gateway LLC proposed additional data center campus elements on 105 acres south of Winchester beyond the 71.85-acre Kernstown site. This is a SECOND Winchester Gateway project distinct from the CUP application at Parcel 63-A-801. Subject to joint BOS and PC work sessions regarding environmental impact noise mitigation and power requirements.
No file attachedWinchester Star reporter Jack Parry covered Ridgeway Estates homeowners filing court injunction against NextEra Energy Transmission. Legal grounds: deed covenants on the subdivisions Rural Preservation Tract were illegally waived or breached to enable NextEra to purchase residential property. Residents demanded county intervention before state SCC approval under PUR-2026-00018.
No file attachedStop MARL Virginia analysis: Woodside Substation is a 500kV HVAC transmission substation by NextEra. 30-acre layout on 72-acre parcel in Clear Brook. One parcel is a Rural Preservation Tract from Ridgeway Estates Subdivision. Industrial substation positioned within 40 feet of established single-family homes vs 100-ft buffer on I-81 side. Classified as future 2035 light industry under 2023 Comp Plan. In RA zoning transmission substations are by-right use leading PC to find substantial accord.
No file attachedFrederick County BOS unanimously approved an official resolution OPPOSING Valley Link Transmission Co LLC 765kV Valley North Transmission Line Project. The BOS also directed staff to schedule public hearings for comprehensive land-use ordinance amendments regarding data centers. Open house held June 29 2026 at James Wood High School.
No file attachedNextEra filed for 500kV Woodside Substation 72 acres 35.6 disturbed plus 138kV Circuits 1 and 2 1150 ft and 500kV Woodside Line 5004. Deadline to intervene Jun 8 2026. Public comment deadline Oct 6 2026. Hearing Oct 14 2026 10 AM. Intervenors Frederick County BOS Stop MARL Virginia Protect Frederick Ridgeway Estates HOA PEC.
No file attachedEDA attended by Aikens Fairbanks Kearns Kriz Lofton Rinker. Motion by Rinker seconded by Kearns economic development study authorized. All voted Aye. Discussion of CEA and TDR program interactions with commercial development. No recusal for Kearns despite CEA Chair role and DTS LC interests.
No file attachedRezoning #06-23 to rezone 34.26 acres from RA to M1. PC hearing March 6 2024 BOS approval April 10 2024. Ordinance 063-24. Enabled subsequent 2025-2026 data center CUP application on same parcel.
No file attachedWinchester Gateway LLC withdrew CUP hearing request. 805000 sq ft 3 buildings on 71.85 acres. Effective July 1 2025 county ordinance eliminated data centers by right in M1 requiring CUP. Applicant submitted revised CUP February 2026.
No file attachedRidgeway Estates HOA filed injunction vs NextEra Joline Orndoff and Fairfield Farm. Claims violation of rural preservation covenants nuisance noise well contamination failure to obtain local approvals before contracting. Raises ethics concerns re Treasurer Orndoff family land sale.
No file attachedEDA meeting where Kearns disclosed business conflict related to DTS LLC. Present McCann-Slaughter Kearns Till Lofton. Only recorded disclosure by Kearns across all EDA CEA CPPC meetings. Continued to attend and vote without recusal in subsequent meetings.
No file attachedPC voted 10-0 to recommend DENIAL of #04-26. 150+ residents attended. 220 acres RA to M1 for 11-building 900MW data center. Staff John Bishop. Concerns aquifer noise transmission lines farmland. 237M tax revenue claimed over 20 years.
No file attachedBOS meeting 6:43 PM. Residents from Clear Brook and Ridgeway urged BOS to pause Woodside review after PC substantial accord. Issues MARL Valley Link corridor noise proximity to homes. William Orndoff Jr Treasurer office considerations. BOS directed staff to monitor SCC filings.
No file attachedBOS voted unanimously to adopt ordinance banning new hyperscale data centers in agricultural and rural preservation districts. Equus withdrew #04-26 before vote. Two pending applications still under review.
No file attachedBOS voted 5-1 to DENY data center applications after 30+ residents opposed. Concerns water noise transmission lines farmland. Board directed planning staff to initiate comprehensive review of countywide data center regulations.
No file attachedPC voted 8-3 finding Woodside Substation in substantial accord. 72 acres 35.6 disturbed. NextEra attorney Rob Beeman Sr Director Caitlin McCormick. 50-75 ft landscape buffer. 40 ft eastern setback vs 50 ft ordinance. No: Whitaker DeHaven Bridal.
No file attachedBOS denied Rezoning #06-24 Fruit Hill DTS LC Equus Minor 4-3. Slaughter motion Liero second. Aye deny: Dunn Liero Ludwig McCann-Slaughter. No: Jewell Wells Lockridge. Same meeting reappointed Kearns to EDA.
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