Jul 10, 2026
GBHS Files Lawsuit Over Nebius AI Mega Factory
FOR IMMEDIATE RELEASE
MEDIA CONTACT:
Stephanie Salvago
Director of Development & Marketing
GREATER BIRMINGHAM HUMANE SOCIETY FILES LAWSUIT SEEKING COURT REVIEW OF PROPOSED AI FACTORY PLANNED BESIDE FUTURE ANIMAL HOSPITAL AND CAMPUS
BIRMINGHAM, Ala. – Friday, July 10, 2026 – THE GREATER BIRMINGHAM HUMANE SOCIETY (GBHS) today filed a lawsuit in the Circuit Court of Jefferson County seeking judicial review of the approvals and permits issued for the proposed BHM01 hyperscale data center, also known as the Nebius AI Factory, planned immediately adjacent to the organization's future medical-model animal welfare campus in Oxmoor Valley.
The lawsuit names the City of Birmingham, Alabama ADC Holdings, LLC, and 201 Milan Birmingham, LLC as defendants.
For more than 140 years, GBHS has protected animals through sheltering, veterinary medicine, cruelty response, education, advocacy, and community services. The organization's new campus represents years of planning, investment, and community support and is designed to transform animal welfare in Alabama through expanded veterinary care, rehabilitation, education, foster and transport programs, and lifesaving services.
According to the complaint, GBHS pursued every available administrative avenue before filing suit, including participating in public hearings, submitting technical concerns, seeking administrative review, and challenging decisions related to the project's approval.
"This lawsuit is not a step we take lightly," said Allison Black Cornelius, President and CEO of the Greater Birmingham Humane Society. "For nearly a decade, we have worked to build a campus that will serve animals and the people who love them for generations to come. We believe important legal questions remain about how this project was approved, and we believe those questions deserve to be answered by the courts."
The proposed development is planned immediately adjacent to GBHS's future campus, which will include a critical care and spay/neuter veterinary hospital, adoption center, foster and transport facilities, educational spaces, outdoor rehabilitation areas, and partnerships that will help train future veterinarians.
Throughout the review process, GBHS repeatedly requested project-specific information regarding the completed facility's operational noise, heat, lighting, electrical infrastructure, and other potential impacts on the thousands of animals expected to be treated and housed on the future campus. The organization says significant questions about those potential impacts remain unanswered.
The lawsuit asks the Court to determine whether the approvals and permits issued for the project complied with applicable Alabama law and the City's zoning ordinances and to provide appropriate declaratory and injunctive relief.
GBHS emphasized that the lawsuit is not an effort to oppose technology or economic development.
"This case is not about whether data centers should exist," Cornelius said. "It is about whether a project of this size and character should move forward in this location without the legal questions surrounding its approval first being resolved. We believe neighboring institutions, nonprofit organizations, residents, and the broader community deserve confidence that the applicable laws and procedures have been followed."
The organization's concerns extend beyond its own campus. The proposed development is located near residential neighborhoods, Oxmoor Elementary School, and United Ability, which serves children and adults with disabilities.
"The animals we serve cannot speak for themselves," Cornelius said. "That has always been our responsibility. Today, we are asking the Court to ensure that responsibility—and the future our donors and this community have invested in—is protected through a fair and independent legal process."
GBHS will continue serving animals and the community without interruption while the case proceeds and will provide updates as appropriate through the judicial process.
Defendant list verified against the as-filed complaint (Case No. 01-CV-2026-903074.00, filed 7/10/2026)
About the Greater Birmingham Humane Society
Founded in 1883, the Greater Birmingham Humane Society is Alabama's oldest and largest humane society. Its mission is to promote the humane treatment of animals and people through education, advocacy, and services.
GBHS operates one of the Southeast's largest animal welfare organizations, providing animal sheltering and adoption, veterinary care, animal cruelty response, humane education, disaster preparedness and response, pet owner support services, and animal care and control programs serving communities across central Alabama.
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