In a special session of the Oldham County Fiscal Court held on June 26, 2025, significant discussions emerged regarding the ongoing moratorium on data centers, particularly focusing on the application from WHP for the Sauerbach site. The meeting highlighted legal complexities surrounding the moratorium and the implications of potential exemptions.

The session began with a statement from a representative of Nana Lampton, who argued that WHP should be excluded from the moratorium based on a legal precedent set by the Kentucky Court of Appeals in 2019. This assertion was noted for the record, emphasizing the legal intricacies involved in the current situation. The representative clarified that WHP's application had been filed but not accepted, as it could not be docketed until appeals were resolved. This distinction is crucial, as it affects WHP's eligibility under the moratorium.

Annie Barge, a key figure in the discussion, confirmed that the appeals process was underway, with two appeals already received and a third expected. The urgency of addressing these appeals was underscored, as they must be heard within 60 days. However, the timeline for a special meeting to address these appeals remains uncertain, raising concerns about the moratorium's duration.

The conversation also touched on the legality of the moratorium itself, with some members expressing apprehension about potential lawsuits if exemptions were granted. Barry Baxter, the county attorney, indicated that while he could not provide a definitive legal opinion on the matter during the meeting, he advised caution regarding any decisions that could lead to litigation.

A key point of contention was whether the moratorium's duration of 150 days was flexible. Some members questioned if the moratorium could be lifted sooner if regulations for data centers were established within that timeframe. Baxter clarified that while the fiscal court could revisit the moratorium after regulations were passed, it would not be lifted prematurely.

The discussions reflect a broader concern within the community about the implications of data center development, including economic impacts and regulatory oversight. As the fiscal court navigates these legal and procedural challenges, the outcome of the appeals and the eventual establishment of regulations will be pivotal in shaping Oldham County's approach to data center development.

In conclusion, the special session underscored the complexities surrounding the moratorium on data centers in Oldham County. With appeals pending and legal opinions being sought, the fiscal court faces critical decisions that will influence the county's regulatory landscape and economic future. The next steps will be closely monitored by community members and stakeholders as they await the resolution of these pressing issues.