MAYSVILLE, Ky. — Less than a week ago, an attorney representing Mason County residents threatened and filed a lawsuit to block a 400-gigawatt hyperscale data center development proposal.
Still, the Mason County Joint Planning Commission voted 4-1-1 to move the plan to the fiscal court with a recommendation for approval at a meeting Wednesday.
The meeting progressed without mention of the lawsuit until commissioner Kirby Rosser brought it up to commission attorney Michael Clarke.
Clarke acknowledged a lawsuit had been filed, and Rosser questioned whether it was wise for the board to move forward with a recommendation of approval as litigation advanced.
"We don't know whether we're dealing with a legal applicant. That's what the lawsuit is about," Rosser said.
"I think, if you want to discuss the lawsuit in more specifics, then I would recommend you go into closed session," Clarke said in response.
WATCH: Questions of legality loom over data center approval meeting
Rosser questioned whether it would be worth entering an executive session to discuss the lawsuit because no one representing the people living in Mason County would be able to join.
Clarke warned against speaking about pending litigation in public.
"I'm here to represent this commission, Kirby, and I'm happy to tell you the effect of the lawsuit on this body," Clarke said.
The commission did enter executive session and, immediately upon returning, voted to move the proposal forward without discussion.
Rosser was the lone "no" vote, with commissioner Michael Parker abstaining.
The vote moves the 28-property rezoning plan to the Mason County Fiscal Court for consideration.
Max Moran, who's led the charge against a data center in Mason County, said the lawsuit could serve as a check against any development, no matter what's decided by county officials.
Sean DeLancey has been covering data center development in Maysville for months. You can contact him here:
"The hope is if a judge does determine the whole process was done illegally, they at least have to start over," Moran said.
Everyone named in the lawsuit, including members of the joint planning commission, Planning and Zoning Commissioner George Larger and Judge Executive Owen McNeil, declined comment on the pending litigation.
We asked developer attorney Tanner Nichols for comment at the meeting. He declined.
READ THE LAWSUIT HERE:
