In My Opinion - by Bob Ruth
May 25, 2026 — Bob Ruth
You gotta hand it to Headwaters Site Development, the Texas developer promoting a massive data center in Grove City.
The Dallas company has hired the Plank law firm of Columbus to help persuade City Hall officials to allow construction of the 300-acre hyper-scale complex here. The huge project involves a host of tricky issues – home property values; environmental and health pollution; tax incentives; land use, economic and many more.
If you’re a developer promoting a massive project that faces stiff grassroots opposition and more controversies than you can shake a stick at, you want a top-flight law firm.
And the six-attorney Plank firm fits the bill. Plank is nowhere near one of the largest law firms in the Columbus metro area. But it packs a punch when it comes to getting land-use matters approved in Grove City.
According to its website, the Plank firm has successfully represented real estate developers involved in two of the largest housing subdivisions in recent Grove City history – The Pinnacle and Beulah Park.
Two other significant land-use projects successfully represented by the Plank law firm were Homestead Village Senior Living at Hoover and Orders Roads and Arrowleaf Apartments between McDowell Road and I-71.
Bottom Line: Real estate insiders know, if you have a tricky land -use project in Grove City, Plank is the firm to hire.
Of course, the Plank law firm isn’t the only heavy-hitter in Headwaters Development’s lineup.
Mike Lebow, founder and CEO of Headwaters Development, is also a senior vice president of Stream Data Center, a major construction company of data centers throughout the nation. And last year Appollo Global Fund Management became the majority owner of Stream. Apollo is a huge private equity firm that manages almost $1 trillion in assets.
Many questions surround the data center. But one thing is almost certain: Plank lawyers and Headwaters Development will use every weapon in their arsenal to push the data center proposal through City Hall as quickly as possible, data center skeptics say. The last thing they want is a drawn-out process, skeptics add. Keep everything as quiet as possible until after the final City Council vote. Don’t allow critics to build momentum.
The strategy seems to be working, so far. The local news media have given the controversy minimal coverage. And many residents still are unaware that the city is being targeted for a massive data center.
Law Director Stephen J. Smith stands as the city’s lone legal advisor in the developing fight. But data center skeptics wonder if Smith is able to provide unbiased legal opinions. They argue that his recent remarks actually help the Plank-Headwaters Development campaign to fast-track the proposal.
For instance, Smith told Council members on May 4 that he opposes a 12-month moratorium on the data center. Such a pause would give officials and residents more time to study and evaluate whether the project would be economically and environmentally sound, data center skeptics note.
Smith used convoluted legal arguments in his advice to Council, skeptics say. Furthermore, Smith’s brief remarks failed to cite any specific judicial opinions and detailed examples to back up his arguments, they add. Skeptics were especially disappointed that Smith did not explain more about the Standard Industrial Classification manual on which much of the city’s zoning code is based.
A far more comprehensive report is warranted, critics contend. But time is running out, critics warn. Headwaters Development is expected to file some sort of zoning application with City Hall on Wednesday (May 27). And a final vote on the project could come as early as two months from now while many residents are on summer vacation, In My Opinion has been told.
The result of Smith’s remarks: Mayor Stage and City Council members have been given a convenient excuse for not enacting a 12-month moratorium, skeptics contend. Blame Smith is the strategy, skeptics say. City officials can simply say, “We want a moratorium, but we have to abide by what our lawyer advises,” skeptics say.
(For more on Smith’s role in the controversy, see a May 11 post headlined City Attorney Under Microscope on ProtectGroveCity.org)
Here’s a bit of advice for data center critics. Strap on your helmets. You’ve got a tough fight ahead. But don’t despair. Grassroots activists have stopped construction of massive data centers throughout the nation.
And two City Council members – Ted Berry and Mohamed Omar – have already publicly endorsed a temporary moratorium. It looks like you may have the wind at your backs.
