New attorneys step in as data center lawsuit heads to court

Kentucky Industrial Alliance is asking the court to prohibit Cave City from enforcing the moratorium against its proposed development while the lawsuit is pending.

New attorneys step in as data center lawsuit heads to court
Attorneys David F. Broderick (left) and Brandon T. Murley have entered appearances on behalf of Kentucky Industrial Alliance LLC in its lawsuit challenging Cave City's data center moratorium. (Broderick & Davenport PLLC)

CAVE CITY, Ky. — The company seeking to help build a data center campus in Cave City has changed legal representation less than a month before a judge is scheduled to hear its request for a preliminary injunction against the city.

Kentucky Industrial Alliance LLC, which is proposing a data center campus be built on approximately 600 acres it owns in Cave City and unincorporated Barren County, filed the lawsuit after the city adopted a moratorium that temporarily bars officials from accepting or processing data center applications.

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.

According to court records, attorneys David F. Broderick and Brandon T. Murley of Broderick & Davenport in Bowling Green entered appearances on behalf of Kentucky Industrial Alliance LLC on June 23.

In a separate order entered the same day, Scott A. Bachert, Catherine S. Clemons and Hope Hickey of the Office of Kerrick Bachert were relieved as counsel for the company.

Company suing Cave City over moratorium issues statement on proposed data center
The company is seeking a court order that would block the enforcement of the moratorium and allow the project to move forward while the case is pending.

Kentucky Industrial Alliance is asking the court to prohibit Cave City from enforcing the moratorium against its proposed development while the lawsuit is pending.

City officials approved the moratorium after determining Cave City’s zoning ordinance lacked regulations governing data center developments.

Without the temporary pause, any data center proposal would have continued through the normal review process before the Joint City-County Planning Commission and Cave City Council.

Kentucky Industrial Alliance argues its application was submitted before the moratorium took effect and contends the city should be required to process it despite the temporary ban. If a judge grants the requested injunction, the city could be ordered to process that application while the lawsuit remains pending.

Three-member panel created as Cave City weighs data center regulations
Government leaders have said they plan to gather public input, but no meetings or other events had been announced as of Wednesday.

Cave City voted June 17 to hire Bowling Green-based ELPO Law to represent the city in the case. As of Monday, the firm had not filed a response to the lawsuit.

A hearing on Kentucky Industrial Alliance's request for a preliminary injunction is scheduled for July 20 in Barren County Circuit Court. If the injunction is denied, the moratorium would remain in place while the broader lawsuit proceeds.


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