When a Data Center Comes to Town: Land Deals, Zoning and Neighbor Disputes

Brendan A. O’Donnell, Director | Houston Harbaugh, P.C

Brendan A. O’Donnell is a Director at Houston Harbaugh, P.C. in Pittsburgh, Pennsylvania, practicing in the firm’s Oil and Gas, Litigation, Environmental and Energy Law, and Renewable Energy, Zoning and Land Use groups. For more than a decade he has represented landowners and royalty owners across Pennsylvania in transactional matters and litigation, and he complements that practice by representing property owners in zoning and land use matters before municipal bodies and on appeal to the courts.

• Education & Credentials

Brendan earned his J.D., cum laude, from the University of Pittsburgh School of Law, where he was elected to the Order of the Coif, received a Dean’s Scholarship, and served as Senior Business Manager of the Law Review. He earned his B.A., magna cum laude, from the University of Pittsburgh. He is admitted to practice in the Commonwealth of Pennsylvania, the U.S. District Courts for the Western and Middle Districts of Pennsylvania, and the U.S. Courts of Appeals for the Third and Sixth Circuits.

• Recognition & Leadership

Brendan has been named to Best Lawyers: Ones to Watch in America and was recognized as a Pennsylvania Rising Star from 2018 to 2024. He serves on the Town of McCandless Planning Commission and on the Board of Directors of the Washington Area Humane Society, where he previously served as Board Secretary.

• Professional Involvement

Brendan is a member of the Washington County Bar Association and the Allegheny County Bar Association. He writes frequently on developments in oil and gas law, including published analyses of post-production cost deductions and of pooling and unitization challenges.

• Experience

Brendan maintains a practice spanning negotiation and litigation. He routinely assists landowners with oil and gas leases, pipeline rights of way, surface use agreements, and subsurface easements connected to Marcellus and Utica shale development, and he reviews royalty statements, ownership issues, deeds, and title curative documents. His litigation practice covers title disputes, pooling and unitization challenges, lease termination questions, and royalty and post-production cost claims in state and federal courts and in private arbitration. He also advises clients on solar agreements and the interplay between oil and gas development and alternative energy projects.

Grant A. Allison, Associate | Houston Harbaugh, P.C

Grant A. Allison is an Associate in Houston Harbaugh, P.C.’s litigation practice in Pittsburgh, Pennsylvania, with experience in litigation, municipal law, land use and zoning, environmental law, and business transactions. His practice combines courtroom advocacy with advisory work, and he advises clients with a common sense, business-first approach.

• Education & Credentials

Grant earned his J.D. from Widener University Delaware Law School and his B.A. from Washington and Jefferson College. He is admitted to practice in the Commonwealth of Pennsylvania.

• Recognition & Leadership

During law school, Grant was inducted into the Moot Court Honor Society, placed as runner-up in the Distinguished Jurist Moot Court Competition, and received the Best Brief Award.

• Professional Involvement

Grant served as a Certified Legal Intern in the Delaware Civil Clinic, where he obtained protection from abuse orders and restraining orders for survivors of domestic violence.

• Experience

Before joining Houston Harbaugh, Grant represented both municipal and private clients in land use and zoning matters, with particular experience involving data centers, renewable energy, and environmental issues. His courtroom advocacy includes trying an appeal before Pennsylvania’s Environmental Hearing Board on novel constitutional grounds.

SESSION 1 – Data Center Land Deals and Local Approvals: Contracts, Zoning, and Power | 1:00pm – 2:00pm

This session examines why data centers are reshaping local land use expectations, covering greenfield versus brownfield development, land acquisition, option agreements, and entitlement contingencies, power availability and utility commitments, zoning for a use many ordinances never anticipated, and tax incentives.

BREAK | 2:00pm – 2:10pm

SESSION 2 – Data Center Disputes: Nuisance Suits, Rezoning Challenges, and Referendum Fights | 2:10pm – 3:10pm

This session explores why data centers become controversial, covering private and public nuisance claims, injunctive relief, damages, and permit-compliance defenses, procedural and substantive challenges to land use approvals, exclusionary zoning claims, and disputes over moratoria, infrastructure limits, and utility restrictions.