Scope
In the Matter of Frederick County Data Center Referendum Committee, No. 67, September Term 2025, the Supreme Court of Maryland affirmed a Circuit Court for Frederick County judgment that Frederick County Council Ordinance 26-01-001, which located the Critical Digital Infrastructure overlay zone and changed zoning designations for data center development, is not subject to referendum under the county charter and that the referendum petition was deficient. The ruling does not decide whether any data center should be built.
- Geographic scope
- Frederick County, Maryland
- Jurisdiction
- Local
- Authority type
- Court
- Issuing authority
- Supreme Court of Maryland
Dates
- Adopted
- 30 June 2026
- Effective
- 30 June 2026
- Scheduled expiration
- See completion condition
- Ended
- Not recorded as ended
- Completion condition
- The per curiam order directed that the mandate issue forthwith; no end date applies to the judgment.
- Source document
- 24 July 2026
- Last checked
- 23 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)
Summary
On 30 June 2026 the Supreme Court of Maryland affirmed a Frederick County circuit court judgment that kept Frederick County Council Ordinance 26-01-001, the ordinance locating the county's Critical Digital Infrastructure overlay zone for data centers, off the referendum ballot, and it explained its reasons in an opinion filed on 24 July 2026. The Court held the zoning ordinance is not a law subject to referendum under the Frederick County Charter and that the petition was deficient. The Court said it was not weighing in on the broader debate over data centers.
What this does not establish
- The underlying county instruments (Council Bill 25-09 and Ordinance 26-01-001) were not opened from the county site, whose robots.txt was unreachable; they are not part of this record.
- The opinion names private parties; they are not repeated here.
- Any later motion for reconsideration or federal proceeding was not searched.
Unresolved questions
None recorded.
Relationships
Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.
- No related action is recorded.
Sources
https://www.mdcourts.gov/data/opinions/coa/2026/67a25.pdf
- Supreme Court of Maryland per curiam order, 30 June 2026 Order affirming the circuit court judgment; mandate to issue forthwith · 30 June 2026