CALGARY — An Alberta judge has dismissed an application from O’Leary Digital Limited seeking to have a legal challenge brought by Sturgeon Lake Cree Nation dismissed.The decision allows the First Nation’s judicial review concerning a water permit connected to the proposed Wonder Valley artificial intelligence data centre near Grande Prairie to proceed.According to the Postmedia, Court of King’s Bench Justice Parminder Johal dismissed O’Leary Digital’s application in its entirety on Thursday. O’Leary Digital had argued that it had not been served with the legal documents within the required timeframe. The company also sought intervenor status in the judicial review, which would have allowed it to participate in the proceedings.The company associated with investor Kevin O’Leary, is behind the proposed Wonder Valley project in the Municipal District of Greenview, which has been described as a potential $70-billion AI data centre development..The underlying legal dispute centres on a water licence issued to the Municipal District of Greenview. The licence allows for the diversion of water from the Smoky River for commercial and industrial purposes, including the proposed development.Sturgeon Lake Cree Nation is challenging the water licence and Alberta's decision-making process surrounding it. The Nation has argued that the province should have consulted with it before the water licence was issued, citing potential impacts on its rights and interests in the area.The Environmental Appeals Board previously dismissed an appeal by Sturgeon Lake Cree Nation concerning the water licence. The Nation subsequently brought its judicial review application before the Court of King’s Bench..In a statement, Sturgeon Lake Chief Sheldon Sunshine said he is pleased the judicial review of the water permit will go ahead in December.“Sturgeon Lake Cree Nation is happy to have the opportunity to vindicate our treaty rights and hold the Crown accountable on consultation,” he said. “O’Leary’s data centre here in Alberta is a mind-boggling, massive project, which the province has been shepherding through their regulatory system using the municipality to evade their duties to us. There is no environmental assessment and next to no consultation with our nation.”The proposed Wonder Valley development is planned for the Greenview Industrial Gateway in northwest Alberta. O’Leary Digital has promoted the project as a large-scale AI data centre campus, with the development expected to include significant power and water infrastructure.The Western Standard has reached out to O’Leary Digital for comment.