A progressive nonprofit and five Utah residents have filed a lawsuit against government officials and a special entity overseeing Kevin O’Leary’s planned Stratos Project data center, alleging that Box Elder County residents’ rights were violated.Subscribe to read this story ad-free Get unlimited access to ad-free articles and exclusive content.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.Add NBC News to GoogleKevin O'Leary addresses 'misinformation' on Utah data center project16:06The 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 ...