Quantum Maryland, the developer behind a major computing campus in Frederick County, is suing the county’s top official over an executive order freezing data center applications.
The complaint, filed on Thursday in the Frederick County Circuit Court, alleges that County Executive Jessica Fitzwater unlawfully suspended a data center zoning ordinance for political gain. Quantum is now seeking financial damages as it asks the courts to overturn the order and reinstate its land-use approval.
“When an agreement with Quantum served her politically, she negotiated it and celebrated it,” the complaint, which also names Frederick County and the Planning Commission as defendants, states. “When the political winds shifted, she did too.”
Representatives for Fitzwater’s office and Quantum Maryland did not immediately respond to requests for comment.
In July, Fitzwater announced a six-month moratorium on data center-related applications. It came just one day after the Supreme Court of Maryland rejected a voter referendum attempt aimed at overturning the Frederick County Council’s data center zoning map.
During the freeze, Fitzwater worked with Quantum on a community benefits agreement, according to the complaint.
In September, Fitzwater announced a $110 million deal, touting it as the “largest agreement of its kind.” It was lauded by industry trade groups like the Maryland Tech Council — which declined to comment on the case — but met with public backlash.
Residents argued that accepting community funds in exchange for locked-in zoning rules could strip the project of future oversight.
“I will never sign an agreement that undermines our ability to protect our community and hold data centers accountable,” Fitzwater said in a video announcement rejecting the agreement.
Then, she extended the data center moratorium to July 2027.
That back-and-forth cost Quantum a $500 million transaction under negotiation, according to the suit, although its formal request for compensatory damages specifies an amount exceeding $75,000. Quantum also alleges that Fitzwater overstepped her authority by suspending a council-approved zoning ordinance that governs the site.
