The company wanting to build a large-scale data center in southern Kentucky has received another setback from local zoning regulators.
For the second time, the Franklin Planning and Zoning Commission tabled a vote on TenKey LandCo, LLC’s preliminary development plan during a meeting Thursday night. The decision brought relief to Franklin resident Denita Brady.
“They are suing our county," said Brady. "I work in human resources. If somebody brings a lawsuit, you back out and let the lawyers to them. You don’t talk to them.”
Commission member Derrick Kepley made the motion to table the vote, citing an ongoing lawsuit between TenKey and Simpson County.
The motion passed 3-1, with one abstention. Chairwoman Debbie Thornton cast the lone ‘no’ vote against the motion to table.
P&Z previously tabled the vote at a Jan. 20 special-called meeting. Attorney Gregory Dutton, who’s representing TenKey, called the board’s inaction “unprecedented.”
“Certainly it’s frustrating that a company like TenKey is looking to make significant investment in this community and they can’t get a simple yes or no vote from the commission," Dutton told WKU Public Radio.
A date was not set for commissioners to reconsider the preliminary development plan. Approval wouldn’t authorize construction or operation. According to Dutton, environmental studies, permits, and other steps are required before a final development plan could be approved.
TenKey LandCo, LLC has proposed three, 200,000-square-foot facilities that would be built over a three-year period. The data center and on-site power manufacturing would be located on 200 acres near I-65.
In a town of less than 11,000 people, Franklin residents are concerned about a data center raising utility costs, harming the environment, and creating excessive noise from natural gas turbines that would power the facility.
TenKey is suing Simpson County over an ordinance the fiscal court passed in December that would require the developer to get a conditional use permit, which would give the county more control over the operations of a data center. TenKey argues the county is over-reaching into the city’s jurisdiction.
Judge-Executive Mason Barnes says he hopes no further votes take place until the lawsuit is resolved.
“I don’t know there’s anything else to take up at this point. We’ll see how the lawsuit ends up," commented Barnes. "We feel pretty good about our chances to come out successful with it because we believe the city resides inside Simpson County and we would have the authority to bind the actions of the entire county.”
Attorney Aaron Smith of English Lucas Priest, and Owlsey, LLP in Bowling Green has been retained to represent Simpson County in the lawsuit.
Lured by tax incentives from the state, tech companies are looking to rural Kentucky to build data centers that house servers, storage devices, and other equipment associated with cloud computing, artificial intelligence, and streaming services.
"I don't think it's a question of, 'Should we have them or should they be here,'" said Barnes. "They're going somewhere, but if they're coming to your community and they're not willing to accept reasonable conditions and regulations, would you not think most people would have a question about that."
Barnes said he continues to have concerns about the lack of transparency surrounding the project. Developers previously asked him to sign a non-disclosure agreement in order to get more information, but he declined.
Although there wasn’t a public comment period at Thursday night's meeting, Barnes submitted a letter to the Franklin Planning and Zoning Commission on behalf of Simpson County Fiscal Court requesting the board delay its vote on the preliminary development plan for another reason other than the litigation.
Barnes expressed concerns about Planning & Zoning Administrator Carter Munday’s employment status with the City of Franklin.
In the Jan. 29 memo, City Manager Kenton Powell apologized to Franklin Mayor Larry Dixon and commissioners for his “oversight” in not having the commission officially approve Munday as the city’s Planning & Zoning Administrator. While his hiring wasn’t approved by a formal motion, Munday’s position was approved in the city’s budget beginning July 1, 2025.
Munday worked for the city as an independent contractor from 2017-2019. He temporarily managed P&Z’s Franklin office from 2018 to 2019 when he was hired full-time as Franklin-Simpson Planning and Zoning Administrator before the board split and formed separate city and county P&Z commissions. He continued in that role until July 1, 2025 when Munday was hired as Administrator for Franklin P&Z.
“Because I have worked with Mr. Munday for nine years, six of those as the P&Z Administrator, I became quite accustomed to Mr. Munday being part of our system, whether it be city or county. Consequently, since he was already on the City’s payroll from the County’s refusal to continue to pay him since last fiscal year, I overlooked submitting his position before the City Commission for approval,” Powell wrote in the memo.
According to the Feb. 9 meeting agenda, the Franklin City Commission is expected to hear a motion to ratify Munday as the City's Planning and Zoning Administrator retroactive to July 16, 2025.
