Why is We Are Mason County Inc. Suing

Let’s talk about who is actually suing Mason County over the data center — because the answer raises a question that nobody behind this lawsuit seems eager to address.

The plaintiff is a corporation: We Are Mason County KY Inc., formed before the first lawsuit was filed. And yes, individual members have allowed their names to appear in the complaint. So the people are visible. Their grievances are listed, and their properties are identified.

Which raises an obvious question: why the corporation?

If the members are willing to stand up and be named, the corporation adds nothing to the case — except one thing.  A corporate structure places an organization between the litigation and the people who fund and direct it.  The decisions to file, to appeal, and to keep spending — those happen within a corporate structure, not in anyone’s name you can find on the complaint.

The first lawsuit, filed by this same corporation, was dismissed. The court found the plaintiffs lacked standing — they could not demonstrate the direct, concrete injury the law requires. So a second suit was filed by the same corporation, with the same members, making largely the same claims through a new door.

If the individual members have a legitimate legal injury, they can sue as individuals. Kentucky courts are open to them. The corporate wrapper was a choice made at the beginning — before the first suit, before the first dismissal. It is worth asking what that choice was designed to accomplish that filing as individuals would not.

Mason County deserves to know not just whose names are on the complaint — but whose checkbook is behind the corporation.

The folks behind this lawsuit have deep pockets and can afford to base their future on yearning for a time before Mason County lost tobacco, dairy, and several major industries. This second lawsuit proves large legal bills don’t faze them as they yearn for an economic foundation that was — but is no more. Will you speak up and let them know not everyone in Mason County can afford to live in the past?

Lets review the relative size of the data center project to keep the size of the project in perspective


Original Suit

Decision of original suit