Cave City attorney steps aside from data center lawsuit, cites ‘appearance of conflict’

Following a brief closed session Wednesday, the council voted to retain English, Lucas, Priest & Owsley as outside counsel for the case. Richardson attended the closed session.

Cave City attorney steps aside from data center lawsuit, cites ‘appearance of conflict’
Cave City Attorney Bobby Richardson shakes hands with a person after Wednesday’s council meeting. (Brennan Crain/Barrenside)

CAVE CITY, Ky. — City Attorney Bobby Richardson revealed publicly Wednesday afternoon that he will not represent the city in a lawsuit challenging the city’s one-year moratorium on data center development.

Richardson addressed the council following questions raised by a recent Barrenside article detailing his previous representation of Kentucky Industrial Alliance LLC, the company that filed the lawsuit against the city.

“I've never been before impliedly accused of having a conflict of interest with the city of Cave City,” he said. “And it absolutely makes me angry to have that said.”

Richardson’s involvement with the company stemmed from efforts in 2024 to relocate an abandoned cemetery on the same property now at the center of a lawsuit over a proposed data center development.

At the time, the property's intended use had not been disclosed to him beyond plans for an industrial development, Richardson said. He noted the site had already been annexed into the city and zoned heavy industrial, allowing for that type of development.

A June 13 Barrenside article detailed Richardson’s past legal work for Kentucky Industrial Alliance LLC and noted that he could not be reached for comment on whether he would recuse himself from the lawsuit.

Longtime Cave City attorney tied to both sides of data center dispute
Richardson could not be reached for comment on whether he would recuse himself from the current lawsuit.

Prior to publication of that article, Barrenside sought comment from Richardson on June 9 and June 10 regarding his role in matters involving the cemetery relocation, his prior representation of Kentucky Industrial Alliance LLC and whether he would have any involvement in the litigation moving forward.

Barrenside also sought comment again after publication following concerns raised by a member of Richardson’s family that his perspective had not been included in the coverage.

The questions submitted to Richardson were:

  • Can you confirm your role in matters involving the cemetery relocation and the property that is now the subject of litigation?
  • What legal work did you perform related to the cemetery relocation effort?
  • When did that representation begin and end?
  • What role, if any, will you continue to play now that the city intends to retain outside counsel?
  • Why do you believe it is appropriate for you to continue serving as city attorney in matters connected to this dispute?

Cave City Councilmember Leticia Cline told Barrenside that Richardson informed councilmembers during a June 8 closed session that he had a conflict of interest.

Richardson clarified Wednesday that he stepped aside because of the “appearance” of a conflict and agreed only to assist the city in securing outside legal counsel.

“I’m telling the public now, I’ve declined to represent this city because of appearance of conflict and because I’m leaving at the end of the year,” he said.

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During his remarks, Richardson said he did not respond earlier because he needed authorization from the mayor before addressing the matter publicly and does not discuss communications with his client, the city.

Richardson responded to Barrenside’s inquiry by email on June 15, criticizing the article as libelous and saying it was intended to ridicule him. He reiterated those concerns Wednesday and joked about how his hair appeared in a photograph accompanying the coverage.

“Now, this article about me was designed to ridicule me and to make me look bad, and it worked,” he said. “I saw all the nasty comments of people who didn’t know the facts. Now, you know the facts. I’ve not got any conflict.”

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Richardson also said he plans to retire in December after 57 years as city attorney.

“I do not want to leave the city, in other words, make them change horses in the middle of the street. That wouldn’t be fair or reasonable,” Richardson said.

Richardson said he assisted the city in identifying legal counsel to handle the lawsuit challenging the moratorium.

“I found a counsel that is completely familiar with the issues in this case because he’s represented the same issues in Simpson County,” he said. “He’s well aware, and the mayor, to my knowledge, has met with him and accepted him as a lawyer, and he’s a good lawyer.”

Breaking down Kentucky Industrial Alliance’s lawsuit against Cave City
The next major milestone will come July 20, when a judge hears arguments on whether the moratorium should remain in place while the case continues.

Following a brief closed session Wednesday, the council voted to retain English, Lucas, Priest & Owsley as outside counsel for the case. Richardson attended the closed session.

Following the meeting, Cline confirmed the council is scheduled to meet with the new legal team Monday and said Richardson will not be involved in those discussions.


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