By GAGE WILSON
For GlasgowNews1
Two members of the Cave City Council have offered new public comments regarding the city’s ongoing legal battle over its data center moratorium.
The comments came in separate social media posts from Councilman Andrew Bagshaw and Councilwoman Leticia Cline ahead of and following Monday’s special called council meeting, which consisted largely of a closed session to discuss pending litigation related to the lawsuit filed by Kentucky Industrial Alliance, LLC.
As previously reported, Kentucky Industrial Alliance filed suit earlier this month in Barren Circuit Court against the City of Cave City, the Cave City Council and the Joint City-County Planning Commission, challenging the city’s 12-month moratorium on data centers and related IT facilities. The company argues it had already submitted a development plan for a roughly 381-acre tract along Doyle Avenue, commonly referred to as the Branstetter property, before the moratorium took effect and claims it had already invested millions of dollars into the proposed project.
The lawsuit stems from months of public debate surrounding a proposed hyperscale data center near Cave City. Residents packed multiple council meetings in May, with many voicing concerns about water usage, energy demand, noise, environmental impacts and the long-term effect such a development could have on the community. On May 20, the council approved the second reading of the moratorium in a 4-1 vote, temporarily halting data center development while the council works with planners to study potential regulations.
Bagshaw announced that a committee had been formed specifically to review and evaluate the proposed data center project. According to Bagshaw, the committee consists of himself, Councilwoman Leticia Cline and Councilman Denny Doyle.
“I’m excited to share that a committee has officially been formed to thoroughly review and evaluate the proposed data center project,” Bagshaw wrote. “With the recommendation of the Mayor, I’m honored to serve alongside Leticia Cline and Denny Doyle as we work toward finding the best possible outcome for our city and our community.”
Bagshaw also revealed that committee members recently met with attorney Aaron Smith of ELPO Law, the outside legal counsel retained by the city following the filing of the lawsuit.
“Last night, we had the opportunity to meet with ELPO Aaron Smith, and I have to say I was extremely impressed with his knowledge, preparation and aggressive approach,” Bagshaw wrote. “There were many productive discussions, with a lot of thoughtful questions asked and answered.”
Bagshaw said ongoing litigation limits what can be publicly disclosed, but emphasized that city officials intend to remain as transparent as possible within those legal constraints.
Cline’s post echoed similar themes while also addressing questions she said she had received from residents concerning both legal representation and public meetings.
According to Cline, she emailed a list of questions and concerns to city leadership on June 10, prior to the mayor’s first meeting with ELPO. She said those questions were distributed to the entire council and would help guide discussions with legal counsel.
Cline also addressed criticism surrounding the city’s decision to hire outside counsel rather than rely solely on city attorney Bobby Richardson.
“When the lawsuit was filed against the city, we were on a very short timeline and needed to act quickly,” Cline wrote. “The council authorized the Mayor to secure legal counsel because none of us have attorneys specializing in planning and zoning law sitting in our back pockets. This is a highly specialized area of law, and doing nothing was never an option.”
Her comments are notable given recent public scrutiny over legal representation in the case. During earlier council discussions, questions had been raised about who was advising the city and what role Richardson, who has served as Cave City attorney for nearly 57 years, would play moving forward.
At the June 18 special called meeting, Richardson publicly defended his conduct amid accusations related to the Branstetter property and the removal of graves from a cemetery located on the proposed development site, stating he had always provided legal advice based on what he believed the law required.
Cline additionally explained why recent special called meetings have been brief and largely closed to public discussion, noting that Kentucky law allows councils to enter closed session to discuss pending litigation.
“The council will open the meeting, say the pledge, have prayer, and then go directly into closed session to discuss pending litigation before adjourning,” she wrote.
While no formal action related to the lawsuit was announced following the latest meeting, the public statements from Bagshaw and Cline suggest the city is continuing to coordinate closely with outside counsel as the case moves forward.
KEY FACTS
• Two Cave City council members shared new details on the city’s approach to a lawsuit over its 12-month data center moratorium.
• A three-member council committee is now reviewing the proposed hyperscale data center project.
• Council members say the city is working with outside counsel specializing in planning and zoning law.
• Officials say closed sessions are being used under Kentucky law to discuss pending litigation.
• The lawsuit challenges the moratorium and involves a proposed development on the Branstetter property along Doyle Avenue.
