MENTONE, Texas (CN) - A charismatic leader promising land and cash in the desert of West Texas became the target of a lawsuit Monday brought by the state of Texas, which claims he is putting the lives of his followers at risk.

Malcolm Tanner, an Indiana resident, has begun a movement to take over the oil-rich and population-poor Loving County by moving people from across the country to his 10 acres of land outside the town of Mentone.  

Tanner is a relatively mysterious figure. An online search turns up a website for Tanner and Tanner, an entertainment-oriented business that takes donations. He is also active on several social media platforms, with over 200,000 followers across Facebook, Instagram and TikTok. And from his business website to social media, he has advertised his candidacy for U.S. president in 2028.

Using social media, Tanner has promised free houses and $5,000 per month to people who move to the desolate settlement and register to vote. With more eligible voters, Tanner aims to hand-pick candidates who would be elected and placed in control of the county's $60 million budget. 

But the state, in its 22-page complaint, depicts Tanner as a deceiver and the property where his followers have moved to as a public nuisance. In a press release announcing the lawsuit, Texas Attorney General Ken Paxton called Tanner a fraud who is making people sick and less safe in his quest for political power. 

"Indiana resident Malcolm Tanner has no right to try and take over Loving County with illegal schemes that endanger real Texans," said Paxton. "His deceptive and unlawful scheme to lure people with free housing for the purpose of conducting a political takeover is a disgustingly fraudulent plot to line his own pockets."

Courthouse News reached out to Tanner for a comment through his website but has not received a response.

The land Tanner has purchased to launch his takeover lacks running water, sewage access and electricity. No houses have been built on the property. Rather, exhibits the state included in its complaint show recreational vehicles and tents serving as shelters for the around 30 people, many being Black women and children, who have made the move. 

With the population in the settlement expected to increase, the state is stepping in to block anyone residing on the property, claiming a public health nuisance under the Texas Health and Safety Code.

"Defendant, who owns the land, and the vehicles, campers and/or tents on it has created a situation that is violating or threatening to violate the Texas Health and Safety Code by having a multitude of occupied vehicles, campers and/or tents on land without access to property sewage, human excrement, or wastewater disposal," the state argued in its complaint. 

In addition to viewing Tanner's project as a public health nuisance, the state is arguing that individuals on the property, including Tanner, are engaging in illegal activity, such as making terroristic threats to local law enforcement and oil field workers, making the property a public nuisance. 

Finally, the state claims Tanner has violated the Texas Deceptive Trade Practices Act, a consumer protection statute, by making false or misleading statements in the course of his campaign to provide free housing to people who move to the property.

The state is asking the court for temporary and permanent injunctive relief, blocking Tanner and his setters from improperly discharging human waste and barring all persons from residing on the property. Seeking to silence Tanner's promotion of the property, the state has also requested that he be enjoined from advertising free housing on the property. 

If the court were to side in the state's favor, Tanner could face steep fines for his activity. The state has requested the court fine Tanner up to $10,000 for every violation of the Deceptive Trade Practices Act and up to $200 for every day there was a public nuisance violation. 

With the state now getting involved with Tanner, it will remain an open question whether the group that now calls West Texas home intends to fight for its ability to stage its political takeover.

Source: Courthouse News Service