A developer is asking a Montgomery County judge to order Upper Merion Township to approve preliminary plans for a proposed data center at 3200 Horizon Drive and award damages over the township’s denial.
Bryemere Holding LLC filed the lawsuit October 30 against the township and its Board of Supervisors. The complaint challenges the board’s unanimous August 13 vote denying preliminary approval, followed by a written denial notice dated August 17.
According to the filing, the proposal would redevelop approximately 10.3 acres with a two-story data center/warehouse and additional office and warehouse space, totaling approximately 342,422 square feet.
Bryemere argues that its revised plans satisfied the township’s requirements for preliminary approval. It alleges that the township demanded details beyond those required at that stage, failed to provide reasonable opportunities to address review comments and refused to consider revised materials submitted before the vote.
The company also alleges that public opposition influenced the denial and that the outcome was predetermined. Among its supporting arguments, Bryemere points to a denial resolution included in the board’s meeting packet before the August 13 meeting.
Those are allegations made by the developer, not findings by a judge.
The filing also addresses the recently withdrawn zoning appeals.
According to Bryemere, those appeals challenged a July 20 letter from the township’s zoning officer concerning the proposed uses. The township argued that the letter was not a formal zoning determination that the Zoning Hearing Board had jurisdiction to review.
Bryemere says it withdrew the appeals because of that township position. The complaint therefore provides the developer’s stated explanation for the withdrawals, while its effort to obtain development approval continues in court.
Beyond preliminary approval, Bryemere seeks compensation for expenses it alleges resulted from the township’s actions, including financing costs, property carrying costs, taxes and insurance. The complaint does not specify a total damages amount.
The lawsuit is a complaint in mandamus, asking the court to compel an action the company argues the township was legally required to take.
For residents following the project, the distinction matters: withdrawal of the zoning appeals did not end Bryemere’s pursuit of approval. This filing asks the court to compel preliminary approval and award damages. It does not itself grant approval or establish wrongdoing by the township.
Source: Montgomery County Court of Common Pleas, case 2026-24886, complaint filed October 30, 2026.
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