Cave City council meeting Monday focuses on pending litigation

The meeting comes less than a week after the council voted June 17 to retain Bowling Green-based ELPO Law to represent the city in the case.

Cave City council meeting Monday focuses on pending litigation
Cave City City Hall. (Brennan Crain/Barrenside)

CAVE CITY, Ky. — With a July 20 court hearing approaching in a lawsuit challenging the city’s data center moratorium, the Cave City Council has scheduled a special-called meeting for Monday afternoon.

The meeting is set for 4 p.m. at City Hall, 103 Duke St.

According to the agenda, the council’s only item of business is a closed session, which state law allows when public agencies discuss pending litigation.

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.

The meeting comes less than a week after the council voted June 17 to retain Bowling Green-based ELPO Law to represent the city in the case.

City Attorney Bobby Richardson said he would not handle the litigation, citing his planned retirement at the end of the year and what he described as an “appearance of conflict” because he previously represented Kentucky Industrial Alliance LLC, the company that filed the lawsuit against Cave City.

Any action taken by the council must occur in open session after members return from the closed meeting. However, with no other items listed on the agenda, the council could simply convene, enter closed session and adjourn without taking further action.

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.

During recent meetings involving closed sessions, council members have remained in the chambers and asked members of the public to leave temporarily before inviting them back once the council reconvenes in open session.


The Barrenside Brief, our free email newsletter

News with explanation, local history, and things to do, delivered straight to your inbox three times a week.