25/11/2025
⚙️ 𝐅𝐫𝐨𝐦 𝐒𝐨𝐥𝐚𝐫 𝐅𝐚𝐫𝐦𝐬 𝐭𝐨 𝐃𝐚𝐭𝐚 𝐂𝐞𝐧𝐭𝐞𝐫𝐬 𝐚𝐧𝐝 𝐇𝐨𝐰 𝐃𝐞𝐯𝐞𝐥𝐨𝐩𝐞𝐫𝐬 𝐀𝐫𝐞 𝐒𝐡𝐚𝐩𝐢𝐧𝐠 𝐒𝐭𝐨𝐤𝐞𝐬 𝐂𝐨𝐮𝐧𝐭𝐲‼️
You might remember earlier this year in May when we shared information about a denied rezoning request for David Couch’s land in Stokes County for a solar farm. At that time, we asked the question, “Who thinks there is potential for litigation or legislation to change the decision of the local governing body?” We also noted that considering what Summerfield has been through, our guess would be that this issue is far from over.
In late June, Attorney Tom Terrell filed a declaratory judgment on behalf of DFC Stokes LLC and DFC Stokes 2 LLC, companies connected to developer David Couch. According to the Legal Information Institute at Cornell Law School, a declaratory judgment is a court ruling that “defines the legal relationship and obligations between parties” without awarding damages or compelling action. It is commonly used when a party seeks judicial clarification of rights before a broader dispute develops. The filing in Stokes County seems to align with this standard definition seeking clarification on specific legal rights associated with the properties involved.
In practice, a declaratory judgment is often used to establish each party’s rights before a dispute fully materializes. Legal sources describe it as a binding ruling that clarifies obligations under existing law, such as the Legal Information Institute’s definition that it “determines the rights and other legal relations of the parties” without ordering further relief. From a layperson’s perspective, and in our opinion, this kind of ruling can also offer a strategic advantage to developers in any future conflict. By defining the legal boundaries early, it may become more difficult for the county or residents to challenge projects that could negatively impact the community, place pressure on water and energy resources, create a long-term industrial footprint, or lead to unforeseen problems for local residents and infrastructure.
Stokes County has engaged the Brough Law Firm, which employs Bob Hornick, formerly Summerfield’s town attorney. The names and alliances are familiar, and the scenario has precedent.
Earlier this year, the county denied a rezoning request for a solar farm co-filed by Duke Energy and the same DFC companies. At the time, it seemed like a small battle lost and a project shelved. However, past patterns in nearby communities suggest that when local authorities withhold consent for rezoning requests, developers often retreat, regroup, and reemerge with revised or larger projects, carefully timed to maximize leverage.
While the declaratory judgment moves toward mediation, a second, much larger development is emerging in Stokes County. Engineered Land Solutions, LLC has submitted a rezoning request for 1,844.9 acres near Belews Creek and the Dan River in Walnut Cove, land owned by DFC Stokes LLC and DFC Stokes 2 LLC. The project, referred to as “Project Delta,” is presented under a neutral name but represents a development the size of a small town. Based on available research, it would be the largest data center in the state in terms of acreage and square footage, with 5 to 6 million square feet of data processing facilities and heavy-manufacturing zoning.
Data centers are not simply real estate projects. They require enormous, guaranteed energy access and often scale only with regulatory approval and utility compliance. Citizens have expressed serious concerns about the project. Its size suggests a future energy infrastructure that the public has not been fully informed about, nor asked to weigh in on, a trend observed nationally. Once rezoned, a data center or other heavy industry could take root permanently, making it difficult for future boards to reverse decisions. Surrounding property values may shift, and the county’s development trajectory could be altered for decades without citizen input.
Many residents worry that local officials may lack the staffing, funding, or technical expertise to fully evaluate a project of this scale and complexity. Nationwide, similar scenarios have shown that developers equipped with attorneys, utility consultants, lobbyists, and engineers often overwhelm small county offices. Broader concerns include rising energy prices, strained water resources, environmental impacts, and unprecedented demands on infrastructure. In our opinion, the reputations of the developer and attorney involved, combined with limited transparency, only intensify these concerns.
A similar proposal from the same developer(Charlotte based Engineered Land Solutions, LLC) was withdrawn in Matthews after facing significant public pushback and has apparently now resurfaced in Stokes County. Many have noticed that similar large-scale projects often move quietly from one jurisdiction to another, sometimes landing in rural areas where residents are assumed to have less time or capacity to engage. Stokes County residents however, seem to be paying close attention. Neighbors are organizing, attending meetings, and the public hearing on January 12 is becoming a rally point.
If this rezoning process follows the pattern observed in Summerfield, Stokes County could face a similar range of tactics. Political favors might be quietly exchanged, lawsuits could be filed quickly in response to opposition, divide-and-conquer techniques could be deployed and questionable accusations may be made at public meetings. Some developers may be unwilling to accept a “no” as a final answer. The Summerfield experience has led many to believe that when the same developer and attorney are involved, towns could potentially experience sustained pressure and outside influence from powerful third parties who may not have the community’s best interests in mind. Walnut Cove now finds itself in a comparable situation, stepping into a struggle familiar to neighboring communities.
Stokes County residents have a choice. They can stand by as the same actors and corporate structures attempt to reshape their community; or they can organize, demand transparency, and advocate to protect the interests of their community.
https://www.projectdeltanc.com
References:
Cornell Law School, Legal Information Institute. Declaratory judgment. https://www.law.cornell.edu/wex/declaratory_judgment
Legal Information Institute. Declaratory judgment. Cornell Law School. https://www.law.cornell.edu/wex/declarato
