Data Center Developer Leans On Kentucky Law Meant To Promote Housing Development

A data center operator in Kentucky hopes to block a legal challenge from area homeowners using a new law designed to fast-track housing developments, highlighting the unintended consequences of housing policy shifts. The conflict stems from a 200-acre data center campus that developer TenKey LandCo is planning to build in Simpson County, KY, which is in the southwestern part of the state on the Tennessee border.In March, the city of Franklin Planning and Zoning Commission approved a preliminary development plan for TenKey's planned large-scale data storage and service facility.The Franklin Citizens for Responsible Development then filed a complaint in the Simpson Circuit Court, arguing that the Planning and Zoning Commission “acted arbitrarily, capriciously, and without substantial evidence” when it approved TenKey’s plan, despite the “threats to the health, safety, and welfare of nearby residents and businesses.”In response, TenKey argued that the group that filed the lawsuit “does not comply with the strict requirements” that Kentucky's HB 321 now requires and should therefore be dismissed. House Bill 321 was introduced in the state Legislature by state Rep. DJ Johnson, a Republi...