Judge denies key procedural motions in Simpson County data center lawsuit

FRANKLIN, Ky. – A Simpson County judge denied two key motions Monday in an ongoing lawsuit over a proposed data center, allowing the case to move forward as both sides prepare for the next phase.

The case, filed by TenKey LandCo I, LLC against the Simpson County Fiscal Court, centers on whether the county has the authority to regulate a proposed data center project located within the City of Franklin.

During a status hearing, Circuit Judge Mark A. Thurmond denied TenKey’s motion to disqualify the county’s legal counsel, finding no conflict of interest based on prior legal work. The judge also denied Simpson County’s motion to stay the case, ruling the request was moot as changes to the county’s ordinance are already underway.

The lawsuit seeks a declaratory judgment to determine whether Simpson County can enforce an ordinance regulating advanced technology centers, including data centers, on property located within city limits, where a separate municipal planning and zoning authority exists.

Following the hearing, TenKey attorney Kathryn Eckert said the company is ready to move forward.

“We appreciate the Court’s consideration of these procedural matters and the motions presented,” Eckert said in a statement. “We welcome the clarity provided by the Court’s ruling as this case proceeds. On behalf of TenKey LandCo, we look forward to next steps in pursuing declaratory judgment on this question.”

Simpson County Judge-Executive Mason Barnes said the county agrees with the court’s decision to deny the motion to stay and is prepared to continue with the case.

“We had requested a motion to stay, which ultimately the judge denied today basically as a moot point because the things that were needed to be in place and that we were requesting the stay for are in place at this moment,” Barnes said. “So I agree with the judge’s assessment on that.”

Barnes also said the county is pleased the court allowed its legal counsel to remain in the case.

The judge indicated the case will continue to move through procedural steps before reaching the central legal question.

Another status hearing is scheduled for May 18 at 1:30 p.m., where the court is expected to receive updates from both sides on how they plan to proceed.