Franklin data center decision awaited as judge reviews lawsuit
A lawsuit challenging the preliminary approval for a proposed data center in Franklin, Kentucky, is awaiting a judge's ruling, with community concerns citing zoning, environmental, and water impacts. Separately, developer TenKey LandCo has sued Simpson County over its authority to regulate advanced technology centers. Both legal battles will determine critical aspects of the data center's development and local oversight.
Oral arguments were heard by Judge Mark A. Thurmond, Chief Circuit Judge for the 49th Judicial Circuit, in a lawsuit filed by Franklin Citizens for Responsible Development against TenKey LandCo and the City of Franklin Planning & Zoning Commission. The citizens' group seeks a declaratory judgment to overturn the P&Z's March 3 approval of a preliminary development plan for a proposed data center in Franklin, Kentucky. A final ruling is anticipated by August 24.
The proposed data center, planned by TenKey, consists of three 200,000-square-foot facilities to be developed over three years on approximately 200 acres near Exit 2 off Interstate 65. The lawsuit, filed on April 2, outlines critical concerns including zoning restrictions, the environmental impact of onsite power generation, and potential strain on local water resources. Conversely, TenKey highlights the project's potential to create high-paying jobs, generate millions in tax revenue, and utilize closed-loop cooling technology. The Franklin City Commission has authorized $100,000 for a third-party engineering review to ensure compliance with TenKey's specifications.
This is one of two related lawsuits concerning the project. TenKey LandCo has also filed a separate lawsuit against the Simpson County Fiscal Court, with oral arguments scheduled for August 6. This suit challenges the county's legal authority to pass and enforce regulatory ordinances on a data center located within Franklin city limits, particularly concerning a December county ordinance governing advanced technology centers. While Simpson County officials assert broad jurisdiction, TenKey argues that the county lacks authority where a municipal planning and zoning body already exists. The outcome of this litigation will clarify the regulatory framework in Franklin-Simpson County but will not definitively determine the data center's construction.