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3 DAY FORECAST TODAY 97/81
July 23, 2026
Volume 61 l Number 123
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The Voice of Seguin
WEEKEND EDITION
TODAY
Lawsuit filed against Guadalupe County Petition challenges pair of data center agreements Cindy Aguirre-Herrera
(Guadalupe County) -- A lawsuit has been filed -- against Guadalupe County, the Guadalupe County Commissioners Court and the individual members of the court -- alleging violations of the Texas Open Meetings Act, state conflict-of-interest laws, and the Texas Tax Code. It’s all in connection with the approval of agreements for the proposed CloudBurst and Palomino Alpha data center projects. Lawsuit, pg. 2
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Lawsuit, continued. The lawsuit was filed by the Data Center Action Coalition, along with three Guadalupe County residents, who are identified as Kara Finlayson, Barry Lindsey and Torrie Martin. The plaintiffs are asking a court to invalidate several county approvals and stop implementation of the agreements while the case is litigated. According to the petition, the two proposed data center projects would convert more than 1,700 acres of rural land into campuses totaling more than four million square feet. The plaintiffs also allege the agreements could result in an estimated $150 million in county property tax abatements. Bobby Levinski, senior staff attorney for Save Our Springs Alliance, is representing the plaintiffs. He says the lawsuit centers on concerns over transparency. “There’s a big transparency concern, and the Texas Open Meetings Act requires the county to give proper notice to the public about the actions that they’re going to take,” said Levinski. “The public deserves an opportunity to relay their concerns to their elected officials before they’re making these decisions. The Texas Open Meetings Act requires government to be operated in the sunshine.” Among the allegations are claims that county agenda postings failed to adequately identify the scope of the projects and the tax incentives under consideration, “depriving residents of meaningful notice before commissioners took action.
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It also claims commissioners engaged in private communications outside public meetings and improperly discussed aspects of the projects in executive session. The lawsuit further alleges County Judge Kyle Kutscher had a conflict of interest because he owns land included in the proposed Palomino Alpha project area that is under contract for sale to the developer. The petition claims Kutscher should have formally disclosed that interest and recused himself from participating in discussions involving the project. “If you look at the Palomino Alpha data center -what’s required is when the judge identifies that he has a financial stake in the matter of being discussed, he’s supposed to file an affidavit of conflict of interest, so that’s a formal process that he needs to disclose -- that he’s got a conflict. And then not only just abstain from the votes, but abstain from the consideration of the items, and he proceeded to participate in the meetings, oversaw the meetings, and then there’s records showing that he was actually talking to his fellow commissioners in advance of the votes pertaining to the Palomino Alpha site -that shows that he was trying to secure their votes. That is a concern with conflicts of interest. He has millions of dollars at stake in the deal. He’s abstaining from the votes in the public meeting, but then still, trying to lobby behind the scenes for his commissioners to vote for it. He’s taking that into an open meetings act concern, where he’s engaging in these conversations outside of the public eye. Lawsuit, pg. 3
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Lawsuit, continued. There’s also evidence that they had actually brought in the applicant into executive session in October of 2024 before they voted on the policy changes that were needed for these tax abatements. So, based on what we’re seeing in the record, it looks like not only did he participate in that executive session, but the applicant did as well,” said Levinski. Levinski says the plaintiffs believe the county failed to meet the level of transparency required under state law. “If you look at the pattern of what happened with this situation, you just see this pattern of lack of transparency, of conversations not being fully disclosed to the public and really trying to get this rushed through without a lot of public attention,” said Levinski. The petition also challenges the county’s handling of the CloudBurst project, alleging officials improperly reconsidered a tax abatement agreement after it had initially failed without issuing new public notice. “Things that I noticed with CloudBurst, that I think is really disturbing is -- there’s a Texas tax code for them to post notice of a proposed tax abatement agreement, and that’s something that has to be done 30 days in advance of a meeting. You’re supposed to post the notice -- the actual meeting -- that people can attend. Then, they had a vote on it in February after posting that notice, and voted it down. And then they didn’t repost another notice. So the public wouldn’t know that they were going to be reconsidering that item without them actually posting that notice again. So, they didn’t comply with the Texas tax code statutory
requirement for that notice for the public to even know to come out and speak,” said Levinski. Levinski says the lawsuit seeks to resolve the legal questions before the county provides any tax incentives or additional approvals for both projects. “We’re hopeful to get this matter resolved soon,”said Levinski. “We want to make sure that it gets resolved before any tax subsidies are given to the data centers and before any of the harms that are coming to the people that are around this area. These are farmers, ranchers and this is going to really change the quality of life of the area around them and what they want to see is this thing stopped.” Prior to the filing of the lawsuit, Judge Kutscher said that he was ready and willing to defend the reported allegations that had been made against him. He was scheduled to sit down for an interview with KWED and the Seguin Daily News. That interview was set to be conducted Wednesday. However, now that there is pending litigation, Kutscher stated that “Unfortunately, due to pending litigation,” he was unable to comment. He told KWED that he wished that he could say more at this time. The filing of the lawsuit also comes before today’s Crystal Clear Special Utility District meeting in which board members are set to discuss and or consider the request for water to help operate the Palomino Alpha project. That meeting is set for 6:30 p.m. today in the Geronimo Community Center located at 280 Navarro Drive.
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8 VITAL STATISTICS FRANKLIN
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Ray Charles Franklin Jr, age 56 of Seguin, passed on July 12, 2026. Ray was born on March 26, 1970, in Seguin, Texas to Ray Franklin Sr and Patricia (Gonzales) Franklin. Ray is preceded in death by his parents and Ronnie Cleve Franklin Sr. Survivors include his loving wife of 30 years Tien Franklin; daughter, Trisha Marie Franklin; son, Andrew Martin Franklin and wife Angel; granddaughter; Adelaide Franklin; sisters, Angela Franklin Hernandez and husband
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Michael, Kimberly Franklin; brothers, Craig Franklin and wife Sarah, Deon Franklin and wife Valerie, and Shawn Franklin; numerous nieces, nephews, cousins, other loving family members and many friends. Visitation will be held Friday, July 24, 2026, from 5 p.m. to 7 p.m. at Tres Hewell Mortuary Chapel. Funeral service will be Saturday, July 25, 2026, at 10:00 am at Emanuel’s Lutheran Church. A reception to follow in the Emanuel’s Lutheran Church Fellowship Hall. Serving as pallbearers will be Andrew Franklin, Deon Franklin, Shawn Franklin, Doug Brannon, John Pena, Austin Black, Brandon Bogisch, Hunter LaFrieda, Steven Fettman, and Theodore Arriola. You are invited to sign the guest book at www.treshewell.com. Arrangements are under the direction of Tres Hewell Mortuary, 165 Tor Dr., Seguin, Texas, 78155, 830-549-5912
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YOUR COMMUNITY
NORTHEAST LAKEVIEW COLLEGE AT NEW BRAUNFELS
2193 FM758, NEW BRAUNFELS, TX, 78130
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Research: Body Fat Linked To Cancer More Than Thought (Undated) -- New research shows that excess body fat could be linked to more than a tenth of all cancers, more than twice previous estimates. The study out of the UK was published in the journal Cancer Communications. Part of the reason, researchers say, is that most studies have been using body mass index, a height-to-weight ratio, when looking at cancer risk. It turns out that instead of an overall look at weight, where the fat is stored in the body could play an important role in developing certain types of cancer. Another factor is when people have undiagnosed cancers that cause weight loss. When they are finally diagnosed, the previous weight may not always be taken into account. Researcher Shows New Treatment For Long COVID (Ontario, CA ) -- New research shows an antidepressant medication may help those struggling with Long COVID. A joint study involving McMaster University and researchers from Canada and Brazil involved 399 adults experiencing fatigue from Long COVID. It shows fluvoxamine significantly reduced fatigue and improved quality of life in them. One of the study’s authors says it is an important step forward for patients who have been desperate for evidence-based options. It’s estimated up to 400 million people are impacted by Long COVID worldwide. Novo Nordisk Sues Eli Lilly (Newark, NJ) -- Novo Nordisk is suing Eli Lilly over accusations the drug company engaged in false advertising by claiming its weight loss product works better than Novo Nordisk drugs. Novo Nordisk filed a lawsuit this week in federal court in New Jersey. The suit claims Eli Lilly did not make a fair comparison, using its highest approved doses verse Novo Nordisk’s lower doses. There’s no comment from Eli Lilly on the matter. Allergy Medication Recalled Over Potential Cross-Contamination (Temple, TX) -- Unique Pharmaceutical Laboratories is issuing a voluntary recall of its over-the-counter allergy medication. According to a notice shared by the FDA, four lots of cetirizine hydrochloride were potentially contaminated with a different medication that could cause life-threatening reactions among some consumers. The recalled medication was distributed in 100-tablet bottles nationwide by Rising Pharma Holdings Inc. Rising Pharma Holdings said it has already contacted impacted customers.
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Master Naturalist Training Class Accepting Applications Interested in learning more about Texas’ plants, wildlife and natural areas? The Guadalupe Chapter of the Texas Master Naturalists is accepting applications for its 2026 certification training class. The program runs from August 4 through November 14, with classes held every other Tuesday from 5:45 to 9:15 p.m. at the Schertz Senior Center, 608 Schertz Parkway in Schertz. The cost is $175. For applications and class information, visit txmn.org/guadalupe and select the Certification Training tab, or email belindarossiter@gmail.com. The program trains volunteers to educate the public and help conserve Texas’ natural resources.
on Tuesday, July 21, at the Columbus Club Hall, located at 111 Landa Street in New Braunfels. Doors open at 6 p.m., with the show from 7:30 to 10 p.m. Featured performers include Denise Steele and Conrad Gonzales. Admission is $10, with proceeds benefiting charity. Sandwiches, coffee, candy and soft drinks will be available for purchase.
Candidate Filing Opens for Guadalupe Appraisal District Board Anyone interested in serving on the Guadalupe Appraisal District Board of Directors can begin filing now. Three at-large positions — Places 1, 2 and 3 — will be on the November 3 General Election ballot. Candidates have until 5 p.m. on Monday, August 17, to file with either the Guadalupe County Clerk or the Guadalupe County Elections Administrator. Filing information and eligibility requirements are available through the Guadalupe Appraisal District’s website guadalupead.org. Comal Country Music Show Enjoy an evening of live country music during the Comal Country Music Show
New World Screwworm Seminar Texas A&M AgriLife Extension is inviting livestock owners, pet owners and anyone interested in learning more about the New World Screwworm to attend a free seminar and webinar on Wednesday, July 22. The program will be held from 2 to 5 p.m. at the Bexar County Greenies Urban Farm, located at 1615 Sherman Street in San Antonio, with a virtual attendance option also available. The seminar is open to the public, but registration is required for both in-person and online participation. RSVP at NWSBexarcounty.eventbrite.com. New Braunfels Food Bank Job Fair Job seekers are invited to meet with multiple local employers during a Job Fair hosted by the New Braunfels Food Bank and Workforce Solutions Alamo on Wednesday, July 22. The event will be held from 9 a.m. to noon upstairs at the New Braunfels Food Bank, located at 1620 S. Seguin Ave. in New Braunfels. Attendees are encouraged to bring copies of their resume and dress professionally for the opportunity to connect with
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area employers who are hiring. CASA of Central Texas Foster Care Simulation CASA of Central Texas will host a free Foster Care Simulation from 9 a.m. to 1 p.m. Wednesday, July 22, at Gruene United Methodist Church, 2629 E. Common St. in New Braunfels. Participants will experience the challenges and realities of the foster care system through an interactive simulation. Registration is required. For more information, visit casacentex.org. Call for Artists for 2026 Sip ‘n Stroll Mug Local artists are invited to submit original artwork for the 2026 Sip ‘n Stroll commemorative mug. This year’s theme features Seguin’s Heritage Village properties, and all artistic mediums are welcome. Entries must be submitted by Friday, July 31, to You’re So Crafty, located at 208 South Austin Street in downtown Seguin. The selected artist will receive a $100 stipend, and the winning design will appear on more than 800 commemorative mugs. For more information, call 830-379-0730. To ensure non-profit organization’s meetings and events appear in this calendar, send information to: communitycalendar@ kwed1580.com, or drop off the information at the Seguin Daily News/KWED offices located at 609 E. Court St. in Seguin. For best results, submit information at least two weeks prior to the event.
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