Judge Recuses Herself in Birmingham AI Data Center Lawsuit, Forcing Trial to Restart

By Lisa Crane | WVTM

A Jefferson County judge recused herself Thursday from a lawsuit challenging the construction of an AI data center in Birmingham, abruptly ending a three-day trial and forcing the case to begin again before a new judge.

Much of Thursday was spent hearing from Katrina Thomas, director of Birmingham’s Department of Planning, Engineering, and Permitting. A key argument from the plaintiffs’ attorney focused on Nebius receiving permitting approval due to being grandfathered in under previous zoning rules.

“Under the redefined requirements, Nebius would not be permitted to build at their site on Milan Parkway,” Thomas testified.

The plaintiffs had sought an injunction to immediately stop construction, but the request was not granted after the defendants agreed to proceed directly to trial.

Judge Tamara Harris Johnson also denied a defense request to combine the case with a separate class-action lawsuit filed in May by area residents challenging the project, ruling the cases would remain separate.

After testimony concluded Thursday, the trial came to an unexpected end when an attorney for Nebius asked Johnson to recuse herself because of her prior professional relationship with the plaintiffs’ attorney. Johnson granted the request, immediately ending the trial.

An order filed Thursday states Johnson recused herself “to avoid the appearance of impropriety” and directs the Jefferson County Circuit Court clerk to randomly reassign the case to another judge.

The case will now be assigned to a new judge and tried from the beginning. No timetable has been announced for the new trial, and construction at the Nebius site will continue while the legal challenge proceeds.