SPRINGFIELD, Ga. — Three Effingham County residents who previously sued over zoning changes tied to Project Camellia have filed another lawsuit, this time accusing OpenAI, county officials and private developers of fraud, conspiracy and civil racketeering.
The 44-page complaint, filed Nov. 6 in Effingham County State Court, is the third lawsuit challenging government actions surrounding the proposed $20 billion data center and the second brought by Dr. Michelle Finch-Mincey, Lehman Mincey Jr. and Raymond Carver.
Unlike their September lawsuit seeking to overturn a county zoning amendment, the new complaint seeks monetary damages, including triple damages under Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act.
The lawsuit names all six Effingham County commissioners — Chairman Damon Rahn, Forrest Floyd, Roger Burdette, Jamie DeLoach, Elizabeth Helmly and Phil Kieffer — along with County Manager Tim Callanan, Effingham County Industrial Development Authority CEO Brandt Herndon, the IDA, OpenAI and its affiliate Octans GA LLC, and Savannah Industrial Development LLC.
What the lawsuit alleges
The plaintiffs contend the defendants coordinated efforts to secure land, tax incentives and zoning approvals while keeping residents from learning about the project until critical decisions had been made.
Among the major allegations:
- Fraud and concealment: OpenAI and local officials used nondisclosure agreements and misleading public statements to keep the project's identity and details from residents.
- Civil conspiracy: Government officials and private companies allegedly worked together to advance Project Camellia through confidential negotiations and closed-door decisions.
- Improper land transaction: The IDA allegedly delegated its authority over publicly owned land to Savannah Industrial Development, which signed purchase agreements with Octans before the IDA's July 21 vote.
- Zoning violations: Commissioners allegedly approved an August zoning amendment allowing data centers on certain industrial properties without required public hearings.
- Civil racketeering: Seven defendants, including OpenAI-related companies, Callanan, Herndon, Commission Chairman Damon Rahn and Commissioner Roger Burdette, are accused of participating in an alleged scheme involving false statements, perjury and forgery.
In this case, racketeering refers to the plaintiffs' allegation that public officials and private companies engaged in a coordinated pattern of unlawful acts to secure the land, tax incentives and zoning approvals needed for Project Camellia while concealing information from residents. Georgia's civil RICO law allows people who suffer qualifying financial harm from such activity to seek triple damages.
The complaint does not identify specific sworn testimony underlying its perjury allegation or a particular document alleged to have been forged.
Damages, not a shutdown
The plaintiffs claim the project has harmed their property values and enjoyment of their homes. They allege that offers to purchase nearby residential properties have fallen or been withdrawn since Project Camellia was announced.
They seek compensatory and punitive damages, attorney fees and litigation expenses, although no specific dollar amount is requested.
The allegations have not been proven. The lawsuit is a civil action, not a criminal prosecution, and does not mean any defendant has been charged with a crime. It does not halt Project Camellia or seek a court order stopping the development.
In response to a request for comment, the county said, "The Effingham County Board of Commissioners does not comment on ongoing or pending litigation."
The earlier lawsuits separately challenge the county's zoning procedures and the IDA's handling of public meetings, records and land agreements.