Attorney General Ken Paxton has filed a sweeping lawsuit and is seeking an emergency restraining order against an Indiana man accused of trying to “take over” Texas’ least populous county through what he is calling an illegal and unsafe settlement scheme.
Filed in Loving County’s 143rd Judicial District Court, the petition names Malcolm Tanner, a Crawfordsville, Indiana, resident who purchased two adjoining five-acre tracts in January of this year.
According to the complaint, Tanner has been using social media to invite followers—many of them women with children—to move to the barren property, promising “free homes” and even “$5,000 a month” if they help him “take over” local government.
“Indiana resident Malcolm Tanner has no right to try and take over Loving County with illegal schemes that endanger real Texans,” Paxton said in a statement. “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.”
The lawsuit alleges Tanner’s property has no sewer, septic systems, or running water, relying instead on gas generators and a “burn pit” for trash disposal. Dozens of people have reportedly moved in, living in RVs and tents on the desolate land.
State attorneys say those conditions violate Chapter 341 of the Texas Health and Safety Code, which governs the disposal of sewage and other waste that could spread disease. The requested temporary restraining order would bar Tanner and others from discharging human waste in ways that could contaminate soil or groundwater and would prohibit any additional residents from moving onto the site until it meets health-code standards.
The 14-page filing goes further, accusing Tanner of running a “combination” engaged in organized criminal activity, citing alleged threats against law-enforcement and oil-field workers. It also seeks to declare the site a public nuisance and asks the court to impose any restrictions needed to prevent future “gang activity.”
Separately, Paxton’s office brings claims under the Texas Deceptive Trade Practices Act, asserting that Tanner falsely advertised free housing, misrepresented the quality of property being offered, and failed to disclose critical information about living conditions. The State is seeking up to $10,000 per violation and additional penalties of $10 to $200 per day for ongoing health-code violations.
Prosecutors note that Tanner has publicly bragged online about plans to “change the name of Loving County to Tanner County” and to run for president in 2028. The filing describes his effort as both a public-health hazard and a fraudulent political operation, alleging he “receives financial support from individuals as a condition of them remaining on the property.”
The attorney general’s office is asking the court to immediately issue an ex parte temporary restraining order, followed by a temporary and then permanent injunction halting habitation and advertising at the property.
With Loving County’s population still under 100 residents and tens of millions in oil revenue flowing through county coffers, Paxton’s move marks the state’s first formal effort to intervene in a saga that has drawn national attention.
District Attorney Sarah Stogner, who represents Loving County, told Texas Scorecard she is grateful for the AG’s assistance.
“I’m concerned about the women and children who are potential victims of this man who appears to be a charlatan,” she added.
Tanner has not responded to a request for comment on the lawsuit.
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