Judge Recuses Herself in Lawsuit Against Nebius

A lawsuit brought by two Oxmoor Valley residents against Nebius, Inc., Hoar Construction, Lakeshore Data Center, LLC, and the City of Birmingham must begin again after Judge Tamara Harris Johnson recused herself from the proceedings.

The recusal followed three days of testimony and rulings in the case after the defendants asked the judge to recuse herself due to previous professional relationships with the attorney for the plaintiffs, Mr. Parnell.

Judge Johnson said she would recuse herself in order to “avoid the appearance of impropriety.” She cited, for the record, that she had previous professional relationships with Mayor Woodfin, City Attorney King, and attorney Parnell.

The judge explained that she had proceeded with the case initially because she believed the professional relationships with both plaintiffs and defendants balanced out.

Prior to the recusal, Judge Johnson had denied a defense request to combine the case with a separate class-action lawsuit filed in May by neighborhood residents.

The plaintiffs had sought an injunction to immediately halt construction on the AI Mega Factory. Judge Johnson did not grant that request, after defendants agreed to proceed with an immediate trial.

The trial in Jefferson County Circuit Court must now begin again with a different judge presiding. The judge will be randomly selected.

Meanwhile, construction work continues on the 300MW facility.