Attorneys clash over Kentucky law in Franklin data center zoning dispute
A Simpson County judge is expected to rule this fall on whether Simpson County can require a conditional use permit for TenKey LandCo's proposed data center within Franklin city limits. This decision will clarify how Kentucky's planning and zoning laws apply when city and county regulations conflict regarding data center development.
Simpson County Judge Mark A. Thurmond is poised to rule this fall on a significant legal dispute concerning TenKey LandCo's proposed data center in Franklin, Kentucky. The central question is whether Simpson County can mandate a conditional use permit for the project, despite the City of Franklin determining it a permitted use under its own zoning.
During a recent hearing, TenKey attorney Gregory Dutton argued that Kentucky Revised Statutes (KRS) Chapter 100 grants cities with independent planning commissions exclusive authority over land-use decisions within their boundaries, citing KRS 100.117. Dutton contended that allowing county overlap would negate the independence of city planning. Conversely, Simpson County Fiscal Court attorney Aaron Smith asserted the county's authority under KRS 67.083, Kentucky's home-rule statute, which permits counties to enact regulations that are more stringent than city standards, especially for projects with impacts extending beyond city limits.
Judge Thurmond, acknowledging the complexity and public interest of the case, pressed both legal teams on the practical implications of their interpretations and the precedence of specific planning and zoning law (KRS Chapter 100) versus broader home-rule powers (KRS 67.083). He indicated he has largely resolved the issues but requires further review before issuing a written opinion, expected before a status conference on October 14.