MENTONE, Texas (CN) - A hearing in a Far West Texas courtroom on Friday represented the latest salvo in a ongoing legal fight between state officials and a man promising free homes and a political takeover.

On paper, it should have been an uneventful hearing: Texas District Court Judge Alan Nicholas was merely considering whether to extend an expiring temporary injunction.

Alas for Loving County, things have been anything but uneventful since a charismatic settler arrived from Indiana and began recruiting others to join him.

That man, Malcolm Tanner, earlier this year purchased 10 acres of undeveloped land just outside the town of Mentone. Using social media, he promised his thousands of followers free homes and $5,000 per month if they moved in.

The goal is for these settlers to register to vote, then stage a local political takeover.

That's a relatively obtainable goal in Loving County. With fewer than 100 residents, it's among the least populated counties in the United States. The landscape here is parched and barren. It's the kind of place where shade is a scarce resource and where fierce desert winds can push an 18-wheeler right off the highway.

Despite these hardships, Tanner is committed to building a community here. He even hopes to one day change the county name to Tanner County. 

State officials have intervened, accusing Tanner of violating the state's Health and Safety Code by improperly discharging human waste. They also say he's breaking Texas consumer protection law by promising free homes that do not exist.

Tanner in turn has filed a federal lawsuit against Loving County and its sheriff's department. He accuses them of trespassing and engaging in a pattern of intimidation and harassment.

Tanner, who is Black, says his group is being targeted because of their race. He has asked a court to award him $800 million in damages.

In the lead-up to Friday's temporary injunction hearing, Tanner amended his federal lawsuit to include Texas Attorney General Ken Paxton as a defendant in the case.

He also wants to have the state's case removed to federal court. But in nearby Midland, Texas, U.S. District Judge David Counts, a Donald Trump appointee, has since stricken the filing.

At the start of Friday's hearing, assistant attorneys general Lauren McGee and Andrew Brown stood ready to present their case before Judge Nicholas.

Tanner was not present. Based on court filings, it seems he has not retained counsel and is instead representing himself. Four women who have joined his makeshift settlement sat in the audience, watching the proceedings. 

McGee began the hearing by calling Loving County Sheriff Deputy Clinton Fielder to the witness stand. Fielder described the property as lacking basic amenities.

"There are no power lines, no water, and it is unclear if there is sewage access," Fielder said. 

McGee had the deputy look at aerial images taken by a drone in coordination with the sheriff's department. Looking at a row of recreational vehicles, Fielder said it appeared none of them were connected to electricity or a septic system.

McGee then directed the court's attention to a structure that has appeared in posts Tanner made to social media. Tanner claimed it was the first of many homes being built - but by McGee and Fielder's standards, the structure was far from a home. 

When asked by McGee to describe the home, Fielder said that it does not have any plumbing or electricity.

"If someone said you were going to get a free house, is this what you would expect?" McGee asked. 

"No, ma'am," Fielder answered. 

Getting to the state's consumer protection claims, McGee played for the court some of the videos Tanner has posted to TikTok in which he confidently tells viewers: "If you'll join me, you will get a free house." But to Fielder's knowledge, there are no free properties that exist in Loving County for Tanner to give. 

At the conclusion of the hearing, Judge Nicholas granted the state's proposed order for a temporary injunction.

For now at least, Tanner is blocked from having anyone reside on the property. He is also prohibited from marketing and/or offering a residence on the property. 

Silently exiting the courthouse after the hearing, the four women refused to give a statement. Likewise, McGee told Courthouse News she was not at liberty to discuss the case. 

Speaking outside, Loving County Sheriff David Landersman told Courthouse News that Friday's hearing was what he expected from Tanner. 

"He didn't show up and sent these women in his place," Landersman said. 

When asked why people have chosen to follow Tanner to Loving County, Landersman said it was because many of the people are either poor or homeless and thus were chasing the promise of a free home.

In Mentone, one local recounted her first time meeting the people who had moved to Loving County for Tanner.

As the owner of Fat Boys Cafe just a short walk from the courthouse, she has met some of the people living on the property. Known as Miss Kay by locals, she asked to only go by that name due to the ongoing investigations.

Kay said in an interview that, despite Tanner's open plans for a political takeover, the settlers were never disliked or mistreated. 

"The county didn't look at them with fear, like, 'Oh my god,'" Kay said. "Even when the county found out who they were and what was going on, they never got bashed or mistreated."

In spite of all that has transpired with the state and the ongoing investigations into Tanner, Kay said she holds no ill will toward the people who have moved to Loving County.

On the contrary, she said she worries about them.

"Nobody in the county knew the extent of their living conditions until they started asking questions," Kay explained. "Where can we get water? Where can we find a septic tank? That's the worry."

Source: Courthouse News Service