Data center lawsuit proceedings begin in Simpson Circuit Court
FRANKLIN, Ky. (WNKY) – A lawsuit over a proposed data center development in Simpson County took another step Monday as attorneys for both sides argued procedural motions before a circuit judge.
Mark A. Thurmond, chief circuit judge for the 49th Judicial Circuit, heard arguments in the case between TenKey LandCo I, LLC and the Simpson County Fiscal Court at the Simpson County Justice Center.
TenKey filed the lawsuit earlier this year seeking a declaratory judgment on whether Simpson County can enforce a county ordinance regulating advanced technology centers, including data centers, within the City of Franklin.
The company argues the ordinance should not apply to its proposed development because the project would be located within Franklin city limits, where a separate municipal planning and zoning authority governs development.
“The declaratory judgment would essentially seek to make a decision by the court that such an ordinance would be invalid … with respect to anything occurring within the city limits,” Thurmond said, seeking clarification on the case.
Monday’s proceedings focused primarily on two motions filed in the case.
Simpson County attorneys asked the court to issue a stay in the proceedings while potential amendments to the ordinance move through the local planning and zoning process.
Representing the Simpson County Fiscal Court, attorney Aaron Smith argued the case could become unnecessary depending on the outcome of that process.
“There’s no sense in getting out in front and litigating an ordinance which is going … to be moot based on this additional action,” Smith told the court.
TenKey’s legal team opposed the request, arguing the current ordinance remains in effect and the legal question before the court should be decided now.
“They’re not doing anything to repeal the ordinance that’s currently in effect … so that is still an issue whether or not they’re making this text amendment or not,” Kathryn Eckert, an attorney for TenKey said during the hearing.
A second motion before the court involves TenKey’s request to disqualify the county’s legal counsel. The company argues the law firm representing Simpson County previously performed legal work for TenKey in an unrelated matter involving a cease-and-desist letter.
Attorneys for the county contend the prior representation was limited and unrelated to the current lawsuit, and therefore does not create a conflict of interest.
After hearing arguments from both sides, Thurmond did not immediately rule on the motions and took them under advisement.
The court scheduled the next status conference in the case for April 13 at 1:30 p.m.
