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Data center developer, Simpson Fiscal Court to square off in hearing over county ordinance
['Justin Story']
Bowling Green Daily News
Data center developer, Simpson Fiscal Court to square off in hearing over county ordinance Published 6:00 am Tuesday, August 4, 2026Members of a development group attempting to construct a data center in Franklin will be facing off in court this week against the Simpson County government over a county ordinance regulating data centers.
Arguments are expected to be heard Thursday from attorneys representing TenKey Landco LLC and Simpson County Fiscal Court over the legality of an ordinance passed earlier this year by the fiscal court requiring developers of data centers and associated infrastructure to obtain a conditional use permit if they are to build anywhere within the county.
Attorney Kathryn Eckert, representing TenKey, argues that Franklin and Simpson County each have independent planning and zoning commissions, and that one entity cannot enforce its rules over land use on the other.
“Because (fiscal court) has no zoning authority within the city of Franklin’s boundaries, it cannot assert its authority over (TenKey’s) project located within the city of Franklin.”
“Contrary to the picture painted by TenKey, the city of Franklin does not operate in a vacuum or an isolated bubble,” Smith stated in his response.