Court reconvenes as Judge weighs key motions in Simpson County data center lawsuit

FRANKLIN, Ky. (WNKY) – A judge is expected to issue key rulings in the coming weeks in a lawsuit over a proposed data center in Simpson County, as both sides continue to argue procedural issues before the case can move forward.

The lawsuit, filed by TenKey LandCo I, LLC against the Simpson County Fiscal Court, centers on whether the county has the authority to enforce an ordinance regulating data centers within the City of Franklin.

During a status hearing Monday in Simpson Circuit Court, Judge Mark A. Thurmond said he plans to issue a decision soon on a motion to disqualify the county’s legal counsel, a ruling that could affect how the case proceeds. The judge indicated that decision could come between April 20 and April 24.

The motion to disqualify, filed by TenKey, argues the law firm representing Simpson County previously performed legal work for the company in an unrelated matter and should not be allowed to represent the county in the case. Attorneys for the county dispute that claim, saying the prior work was limited in scope and unrelated.

A separate motion from Simpson County asking the court to pause, or stay, the case remains pending and will be addressed after the court rules on the disqualification issue.

TenKey attorney Gregory Dutton said the company is seeking to move past procedural matters and focus on the core legal question.

“At this stage, we’d like to get to the substance of the matter,” Dutton said after the hearing. “We’re hoping to move through those and get to the heart of the matter here very soon.”

Dutton described the current phase of the case as largely procedural but necessary before the court can address the central issue.

“This is, from an outsider’s perspective, this may be the boring part, but for the lawyers, this is where a lot of the work goes into it to get to the heart of the matter and get to the substance,” he said.

Simpson County Judge-Executive Mason Barnes said county officials are waiting on the court’s decision before determining next steps.

“My understanding was that sometime between April 20th and 24th, he’s going to try to make a determination on whether or not the motion to dismiss our legal counsel will be granted or not,” Barnes said.

Barnes said the county will continue to proceed as if its current legal team remains in place unless the court rules otherwise.

“We feel confident that our legal counsel will not be disqualified,” Barnes said, adding that if the court rules differently, the county would need time to secure new representation.

Barnes also emphasized that the county’s position is focused on regulation rather than opposition to the project itself.

“My fight is not necessarily against the data center,” he said. “My fight is to make sure that if it is allowed to locate here, that we’re able to put in the safeguards and guidelines, rules and regulations to help our community stay safe.”

The case is part of a broader dispute over how the proposed data center should be regulated, including whether it must comply with county requirements such as obtaining a conditional use permit.

The next status hearing in the case is scheduled for May 4 at 1:30 p.m.