Dowagiac residents seek class action over noise from hyperscale data center

DOWAGIAC, Mich. -- Residents living near a hyperscale data center in Dowagiac received an update Tuesday on a pending federal class action lawsuit, alleging persistent noise from the facility has diminished their quality of life.

The firm behind the litigation is pursuing damages for alleged loss of enjoyment of their properties and diminished property values, while also seeking measures to address the noise coming from the facility.

Steve Liddle, who represents the proposed class, said the case centers on what he described as continuous noise generated by the data center.

"This class action seeks damages and improvement measures to fix the problems caused by the pervasive noise from the defendant's facility," Liddle said.

During Tuesday's meeting, legal experts encouraged residents who believe they have been affected to complete questionnaires documenting how the noise has impacted them. Those responses could help determine who may be included if the court certifies the case as a class action.

Liddle said the lawsuit is unlike others he has handled during his career.

"In 30 years of doing this, I have not seen it that bad," he said. "That noise is really maddening."

According to attorneys, the defendant has been granted an extension until July 24 to respond.

Among the residents involved in the lawsuit is homeowner Lindy Valenzuela, who compared the sound to a vacuum cleaner running continuously.

"It's a vacuum that needs to be cleaned out for sure,” Valenzuela said. “And someone just left it on in your living room.”

Valenzuela said she and her family have considered moving because of the noise, despite their longtime connection to the community.

"I'm eight months pregnant now, and we have a 17-month-old at home," Valenzuela said. "Where his nursery is, the windows are facing the data center. You can hear it in his room, in his crib while he's sleeping."

If the court certifies the lawsuit as a class action, notices will be sent to eligible property owners, who will have the opportunity to participate or opt out. Attorneys said the certification process could take up to a year.

The Dowagiac City Council is scheduled to discuss the data center during its July 13 meeting, where representatives from Hyperscale Data are expected to be present.