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- calendar_today October 22, 2026
Resignations Rock Fernley Planning Commission
The planning commission in Fernley has experienced major upheaval tied to a proposed natural gas power plant. Three commissioners, including Cody Wagner, Angela Lewis, and Jenni McCullar, submitted their resignations following legal pressure from Mark IV Capital—the developer behind the Victory Logistics District seeking city approval for a power facility to serve industrial needs, potentially including data centers.
Conflict Erupts Over Power Plant and Data Centers
Mark IV Capital is seeking permission to build a modular natural gas plant and energy storage systems with up to 324 megawatts of capacity. The plant is intended to power businesses at the Victory Logistics District, which has been promoted as a prime location for data center growth. The introduction of such facilities has sparked debate, with critics questioning their impact on local resources.
Commissioner Wagner, initially supportive of the logistics district, started voicing concerns about the power plant and potential data center demands over the past year, both in public meetings and on social media. In a Facebook post from January, Wagner urged the community to fully understand the project before moving forward, referencing other U.S. communities that have pushed back against large data centers due to their resource consumption.
Legal Demands and Ethics Inquiries
Mark IV Capital responded to Wagner’s public comments with legal action. In July, attorneys for Mark IV Capital sent a formal letter to Fernley's city managers and Wagner himself, demanding he recuse himself from any proceedings concerning the proposed power-generation facility or related permits. The letter accused Wagner of prejudgment and of advocating against the project publicly. A second letter was sent to the Fernley City Council, warning that aligning with Wagner could harm the city’s market reputation.
These actions led Wagner to resign on October 14, citing frustration and feeling targeted by the legal tactics. McCullar also resigned in solidarity, criticizing what she called a bypassing of proper procedure and the public questioning of Wagner’s ethics. She stated she no longer wanted to participate in city governance under those circumstances.
Role of the Nevada Commission on Ethics
The dispute raised questions about the ethical standards for planning commissioners. The matter was brought before the Nevada Commission on Ethics, which evaluated whether Wagner’s statements or actions constituted a violation of ethics rules. According to Nevada law, public officers must avoid financial conflicts of interest, but expressing a political opinion is not considered a private or pecuniary interest.
The commission ultimately determined that Wagner had not violated the law and was not required to recuse himself from voting on matters related to Mark IV Capital projects. Its opinion stated public officials can express views and are still eligible to participate in official decisions regarding those issues.
City Council Approval and Bypassed Procedure
While the planning commission postponed its own decision regarding the permit, the Fernley City Council moved ahead, approving the conditional use permit for the power plant on October 7—one week before the issue was set for further discussion. McCullar maintained that the planning commission, not the council, should ordinarily have had the initial decision, and that correct procedures were overlooked in this instance.
Mark IV Capital sent a second letter to city officials the day of the council vote, warning that affirming commissioners voicing opposition could be seen as creating “process risk,” which might raise costs and drive developers elsewhere.
Long-Term Industrial Development in Fernley
The 4,300-acre Victory Logistics District, established after one of Nevada’s largest land sales in 2019, was initially pitched as a manufacturing hub. Wagner and others said neither power plants nor data centers were mentioned in the original plan. However, the conversation has since shifted, with Microsoft purchasing 300 acres in the district and planning at least two data center projects in the county.
Rick Nelson, senior vice president at Mark IV Capital, said that while the 324 megawatts could appeal to data centers, the facility aimed to provide flexible power for a range of industrial users. He also pointed to broader ambitions for mixed-use development in Fernley, envisioning commercial and retail growth that could attract tens of thousands of new residents over the next 25 years.
Source: thenevadaindependent.com.
