A second lawsuit has been filed related to a proposed data center in Simpson County.
A local citizens’ group wants a judge to overturn a preliminary development plan for the project that was approved in March by the Franklin Planning and Zoning Commission.
TenKey LandCo wants to build an AI data center campus with on-site power manufacturing on 200 acres near I-65. Riley Bright, a member of Franklin Citizens for Responsible Development, owns Bright’s Antique World and is concerned about noise and light pollution impacting shows at his store and outdoor flea market.
“The atmosphere we create is a very positive atmosphere where people can gather, talk, and do these types of shows," Bright told WKU Public Radio. "What they don’t tell you is that these generators produce a silent noise that can penetrate walls and vibrate windows.”
The non-profit Franklin Citizens for Responsible Development contends the planning and zoning commission lacked the authority to approve the preliminary development plan because members previously found the project wasn’t allowed under the permitted use of the land.
The lawsuit cites a 2025 decision in which the commission rejected a proposed zoning text amendment that would have explicitly allowed data centers and on-site power generation in the area. At the time, the commission said such projects should instead go through a conditional-use process, and that only the Franklin Board of Adjustments has the authority to grant conditional use permits.
But last month, P&Z approved the preliminary development plan by a unanimous vote. Members stipulated that TenKey LandCo must provide more information on a number of concerns before the commission considers final approval of the development plan.
“The Commission’s approval … was arbitrary, capricious, and inconsistent with the City of Franklin Zoning Ordinance,” the complaint states.
The plaintiffs also raise concerns about noise and light pollution, emissions of pollutants, and the strain on water and other local resources.
In another lawsuit, TenKey is suing Simpson County over an ordinance requiring the company to get a conditional use permit that would allow more local control over how a data center would operate.
TenKey LandCo has proposed three, 200,000-square-foot facilities that would be built over a three-year timeline on Steele Road near Exit 2 on I-65.
