ANDOVER TOWNSHIP - A proposed data center in this Sussex County town was on its way to approval until it wasn't.

The Township Committee in May, responding to public pressure, rescinded an ordinance updating standards for data center development on about 800 acres on Stickles Pond Road near Route 206.

Given the fact the reversal came just days after the approval, the developer of the proposed center, National Land Developers LLC of Media, Pa., promptly sued.

None of this is unusual.

Data centers have accomplished something rare these days in bridging the polarizing, political divide. Everyone seems to hate them.

But what does seem a bit odd in this case is how the litigation is proceeding. Or is it?

In court filings over the last few days, lawyers for the township say the suit should be dismissed for two reasons.

One is that National Land Developers does not own the site in question, and therefore, has no real standing to sue..

Or in legal terms, "Plaintiff's complaint alleges only a bare interest in developing the property," according to the filing.

It seems as if the developer had an agreement to buy the property, but that "interest evaporated" before the suit was filed.

The township reinforces its argument with a pair of letters from an attorney representing the property owner - BHT Properties of Florida.

The letters stress that BHT has nothing to do with the suit and, in fact, has no plans to build a data center.

"Rather, the property owner presently intends to proceed with the warehouse project previously approved by the Land Use Board ...," according to one of the letters.

Warehouses are also controversial these days, but they are not data centers.

Another problem with the suit from the township's point of view is that it was never formally served on the township.

The town's filing includes an affidavit from the municipal clerk saying precisely that - the township has not been served with the filed complaint.

Serving a complaint on the defendant is rather basic. Maybe AI can explain what happened.

In any event, a hearing in state Superior Court on the township's motion to dismiss the suit is set for Oct. 7.

That's less than a month before the Nov. 3 election.

Sussex is very Republican territory.

Nonetheless, you wonder if the clumsy way the GOP governing body handled the data center issue will hurt them on Election Day.

Three seats on the five-person committee are up, one of which is an unexpired term.

Two candidates have teamed up to challenge the GOP, including Thomas D. Walsh Jr., the current mayor.

Cynthia Chase is running for a full term under the banner "Our Town First," and Nicole Guerrieri is running as a Democrat for an unexpired term.

The Chase-Guerrieri team is advertising a Sept. 13 fundraiser on the Facebook page of the Stop Andover NJ Data Center.

That leaves little doubt about their campaign strategy.