MENTONE, Texas (CN) - During a hearing on Wednesday, an Indiana man seeking to politically take over a West Texas county secured more time to defend his controversial settlement in court.

Last year, Malcolm Tanner purchased two plots of land in Loving County - population 64, per the latest census, making it the least-populated county in the nation with a permanent population. The social media influencer's goal was to convince followers of his group, Melanated People of Power, to move to the area, register to vote and elect each other in local government. 

To attract people, Tanner promised free homes and money. However, those messages also caught the attention of the Texas attorney general's office, leading to a legal fight over accusations he misrepresented his promises online and created a public health nuisance by improperly disposing of human waste. 

A permanent injunction has already been granted in a separate but similar case against Tanner, dating back to October 2025. The order bars him from having people live on his first two properties and advertising them to others. He was also ordered to pay $220,000 in civil penalties for violating the Texas Deceptive Trade Practices Act, a consumer protection law.

Going into Wednesday's hearing, the state was expected to make its case why Tanner should be barred from housing people on another plot of land, but it did not get the chance after Judge Alan Nicholas granted Tanner's request for more time to conduct discovery. 

Tanner, who represented himself during the hearing, accused the state of refusing to release images it collected, including body camera and drone footage of his property, as well as any testing it had done relating to its claim that human waste was being discharged improperly. 

Lauren McGee, an attorney for the state, urged the judge to reject the request, calling it untimely, overbroad and impossible to fulfill. 

"What Mr. Tanner is seeking is irrelevant to this case and are things the state does not have custody of," McGee said.  

Tanner kicked off a heated exchange when he responded: "I would assume that the state would have this information, but as this young lady just stated, they are not going to provide it here."

The judge granted a continuance and gave Tanner and the state more time for "good faith" discovery, without compelling the state to produce the requested material.

"I am not a fan of participating in cases in the manner of a railroading," Nicholas said.

Standing outside the courthouse, Tanner said in an interview that the judge correctly characterized the case as a railroading. He also spoke to his feelings as a Black man that the state's case against him was racially motivated. 

"Moving to this county, providing people with opportunity and being met with suspicion makes me question if this is a new form of redlining," Tanner said.

The case is set to continue on May 29, where the state is expected to make its case for a permanent injunction against Tanner.

Before adjourning, McGee asked the judge to extend a temporary injunction entered in December 2025, prohibiting Tanner from housing people on his property or discharging human waste on it. Nicholas said he would extend the injunction, except for the provision relating to people living on the property. 

"In this state and nation, people are allowed to go out and try to better themselves, but there is an infrastructure issue," Nicholas said, speaking about the property. 

According to testimony and images provided during previous hearings, Tanner's followers are currently living in recreational vehicles on the property. At one time, it was believed the group consisted of around 30 people, however, it is unknown how many still reside on the property. 

Source: Courthouse News Service