Residents of a Hood County community are back on track to vote in November on incorporating as a municipality, despite interference from an out-of-state Bitcoin business that nearly derailed the plan.
The neighborhood, Mitchell Bend, is home to about 600 people and 250 registered voters.
The area is also home to a Bitcoin mine that locals claim is making people sick.
Noise pollution generated by the facility is a known health hazard.
The Bitcoin mine is operated by MARA Holdings, previously called Marathon Digital, a company based in Florida.
Mitchell Bend residents began circulating a petition earlier this year to vote on incorporating as a Type B municipality, in part to protect their community against further unwanted industrial development.
Residents verified with Elections Administrator Stephanie Cooper that they had collected 50 registered voters’ signatures as required by state law, and had County Attorney Matt Mills’ office review a plat of the proposed municipality.
Hood County Judge Ron Massingill then signed an order for a November incorporation election within the community, as was his ministerial duty once the signatures and plat were verified.
But on August 5, attorneys representing MARA sent Massingill a letter asking him to “vacate” his order and “set aside” the November incorporation election, given its “potential impact on our client, MARA Holdings.”
Paula Pendley claimed to Massingill that her Dallas-based law firm, Nelson Mullins, had “conducted due diligence,” “conferred” with Cooper and Mills, and concluded based on their “investigation” that the incorporation petition contained “defects.”
Pendley not only provided a proposed order “for the Court’s convenience,” but she also asked to be notified of future incorporation proceedings.
However, businesses have no standing to interfere in incorporation elections without residency or property ownership in the affected area. MARA does not own property in Mitchell Bend.
Yet during a Hood County Commissioners Court meeting on August 12, Judge Massingill announced that he had vacated his election order—surprising Mitchell Bend residents, who said they’d received no notification of the change with just days to go before the August 18 deadline for placing measures on the November ballot.
Although the commissioners court plays no role in the incorporation election process, several Mitchell Bend residents got wind of the MARA’s meddling and attended the August 12 meeting to speak on the issue during public comments.
Several accused MARA of election interference, including Thomas Weeks.
“The decision to incorporate solely belongs to the citizens who reside in the area that seeks to incorporate,” Weeks told Massingill and commissioners. “MARA Holdings does not reside inside of the Mitchell Bend area and doesn’t even reside in Texas.”
They have no standing to bring an objection. They do not own property in the Mitchell Bend area or in Hood County. They are not registered to vote in Hood County or anywhere in Texas. They do not reside in the Mitchell Bend area. There has been no harm done to MARA or Marathon Digital or MARA Holdings, and they cannot claim harm for something that might happen. They are attempting to preemptively deny the vote. They do not have a legal voice in this matter, yet they demand a voice.
“You have a ministerial duty to call the election,” added Weeks. “Everything is in order. Call the election.”
Daniel Lakey, another Mitchell Bend resident backing incorporation, agreed with Weeks that no one outside the impacted area has any say on stopping the election.
He said if Mitchell Bend residents do not want to incorporate, they can easily stop it. “On November 4, they go in and vote no.”
Lakey told Massingill that more than enough valid signatures had been collected on a second petition, and the only thing needed to reset the election was for the judge to sign it.
“The people of Mitchell Bend want this election. We’re tired of being bulldozed; we’re tired of being bullied; we’re tired of billion-dollar companies coming in and ruining our lives,” said Lakey. “So we’re begging you, please … let us have our vote.”
Massingill has since signed off on a new incorporation election order, and the issue will be on the Mitchell Bend voters’ November ballot.
Meanwhile, a group called the National Landowners Federation Action Fund sent mailers to Mitchell Bend residents warning them to “Think Twice” and “Just Say No” to Mitchell Bend incorporation.
It’s unclear who is behind the 501(c)4 organization, but Mitchell Bend residents believe MARA is funding their anti-incorporation campaign in Hood County.
MARA did not immediately respond to a request for comment.
Incorporation proponents created their own flyer asking “Who’s Really Behind the Opposition?” and countering claims made by NLF.
“Do we want Constellation and Marathon Digital deciding Mitchell Bend’s future—or do we want our own neighbors deciding?” the flyer asks.
Voters in Mitchell Bend will answer in November.
No ads. No paywalls. No government grants. No corporate masters.
Just real news for real Texans.
Support Texas Scorecard to keep it that way!
