A 3–2 vote on an 800-acre hyperscale campus near Montgomery draws a lawsuit over the Open Meetings Act.
On Oct. 13, the Lowndes County Commission voted 3–2 to approve a 20-year tax abatement for Project Red Clay, an 800-acre hyperscale data center near Burkville, about six miles southwest of Montgomery. The developer, Cloverleaf Infrastructure, is a Houston company incorporated in 2024.
Commissioner Robert Harris moved to vote on the abatement immediately, though the agenda listed only a resolution calling a later special meeting on it. The meeting lasted about 10 minutes. Critics said it came without public notice or time for comment.
According to the Southern Environmental Law Center, the abatement could reach nearly $2.8 billion in combined state and county tax breaks. SELC also says the project would use up to 100,000 gallons of water a day from the Pintlala Water System and draw 1.5 gigawatts of power, roughly what 900,000 Alabama homes use. The project is projected to bring in $124 million a year in local and state taxes.
On Oct. 20, the commission approved the minutes of its Oct. 13 meeting at a special session. Commissioner Dickson Farrior voted no, saying the development and tax agreement had not been on the previous week’s agenda.
Two residents who live near the site have sued, alleging Open Meetings Act violations and improper procedure, and asking a court to halt further action. A circuit judge has recused. Cloverleaf CEO David Berry told WSFA that people “should expect to hear from us on an ongoing basis.” The next commission meeting is Monday, Oct. 26, at 10 a.m.
Sources: Alabama Reporter, Oct. 16, 2026; Southern Environmental Law Center press release, Oct. 14, 2026; WSFA, Oct. 20, 2026; Alabama Reflector via Yahoo and WAKA, Oct. 20, 2026