DALLAS — Former Dallas Cowboys running back Emmitt Smith and several business partners diverted a $2.5 million loan intended for a Texas solar farm, according to a lawsuit filed Monday in Delaware Chancery Court.
The plaintiff is Kituwah LLC, the investment and economic development arm of the Eastern Band of Cherokee Indians. The suit also names Smith’s longtime business partner, David Mosley; their real estate and energy company, 4 13 Solutions Inc.; and Wilson Holdings, an earlier investor in 4 13 Solutions deals.
The Project Exodus Loan
4 13 Solutions approached Kituwah in early 2023 about a joint venture to develop Project Exodus, a utility-scale solar and battery storage project planned for Caldwell County, between Austin and San Antonio, according to the complaint, which Courthouse News Service reported Monday.
The two sides formed a limited liability company, Jabez 4 10, in which Kituwah holds the largest stake. Kituwah funded it in September 2023 with a $2.5 million loan at 12% annual interest, due Feb. 1, 2024…