One More For The Road

[{"type":"text","text":"Why pay to have a boot removed, when you can do it this way?"}]

One more for 7 19 23

Cowboy State Daily is Wyoming’s largest newspaper with Wyoming’s most experienced journalists. 

<title>One More For The Road: Wednesday, July 19, 2023 | Cowboy State Daily</title>

Why pay to have a boot removed, when you can do it this way?

One More For The Road: Wednesday, July 19, 2023

 Why pay to have a boot removed, when you can do it this way?

Headshot of Cowboy State Daily's general assignment reporter, Clair McFarland.

Clair McFarland

Government & Politics

Politics

counties on Thursday that a 4% cap on yearly increases in residential property taxes is unconstitutional, and the counties shouldn’t let taxpayers have that exemption.

The State Equalization Board will refuse to certify this year’s property tax assessment figures if counties keep that cap on them, the report says.

The board’s two-person majority — Chair Jayne Mockler and Vice-Chair Marty Hardscog — wrote in the Thursday report that the 4% increase cap for residential property taxes has arbitrary impacts across the state. 

It also disproportionately insulates high-end homes, and disfavors homeowners in more sluggish market areas, the report asserts.

But the report’s main point, and conclusion from the past two years’ tax data, is that the 4% cap violates the Wyoming Constitution’s call for equal and uniform property taxes within each class of property.

The board hasn’t yet issued an order requiring Wyoming’s county assessors to rework their pending tax bills without the cap.

But it expects to do so in the coming weeks after working with counties, Mockler told Cowboy State Daily in a Thursday phone interview.

“We issued this report today that says if that cap doesn’t come off, Marty and I can’t vote to certify residential property taxes. Because they’re not uniform,” said Mockler. “It’ll be followed with an order ... (and) our goal is ultimately to remove the cap.”  

Mockler noted that the board isn’t targeting the other, narrower exemptions with this report — like the 25% property tax cut passed in 2025 or the long-term homeowner exemption.

More than half of the state’s residential property tax values fall under the 4% increase cap, the report says.

[{"type":"text","marks":[{"type":"bold"}],"text":"But We Don’t Get A Tax Free Year"}]

This kind of push from the state board is unprecedented, Converse County Assessor Dixie Huxtable told Cowboy State Daily on Thursday.

But Wyomingites shouldn’t expect a tax-free year over the maneuver, she said.

“Everyone’s in agreement there will be residential property taxes for 2026,” she said. “This … is just a step in the process of getting different values the board feels is appropriate.”

The pending mandate leaves Wyoming counties somewhere between following the 4% cap requirement in state law and following another state law that tells assessors to obey the state board, she said.  

“You’re asking us to go against the law? Under the law we have to apply the 4% cap and you’re saying we can’t,” she reflected from the report.

[{"type":"text","text":"“It’s so bizarre it’s funny,” Huxtable added. "}]

She said she was digesting the report Thursday afternoon, and had just been to a phone meeting with the board officials, assessors, and county attorneys.

Two days earlier on Tuesday, Huxtable had just urged the Legislature’s Joint Revenue Committee to approach more changes to the state’s property tax law with caution, because assessors are always trying to keep up with the many changes lawmakers have brought in recent years.

Assessors are at the mercy of state law and are working hard to follow it, she’d said.  

Reflecting on the board’s Thursday report, Huxtable told Cowboy State Daily that assessors are now trying to gain clarification on what to do in the coming weeks.

“We’re on standby,” she said, adding that from her meeting with the board, her impression is, “They’d be tickled pink to go to court” on this issue.

Wyoming Attorney General Keith Kautz said Thursday that he doesn’t know of any litigation on this currently, “but if there is a challenge, we will support what the Legislature did.”

Rep. Barry Crago, R-Buffalo, who has since become a state senator, was the sponsor on the main bill the board’s Thursday report derides as unconstitutional.

Crago did not return a Thursday afternoon voicemail request for comment by publication.

[{"type":"text","marks":[{"type":"bold"}],"text":"Different Homes, Different Taxes"}]

The board’s report points to inconsistencies across the Wyoming property tax structure.

People who upgrade their homes by changing the footprint of those homes lose the cap exemption to a reset that year, while people who upgrade only the interior do not, says the report.

It says some homes have had their tax bills so thoroughly capped, they’re paying less than half of the state-mandated property tax rate.

“The caps, by design, generate highly disparate tax consequences for 

It accuses the law of discriminating arbitrarily between different homeowners across Wyoming.

“The demarcation between taxpayers receiving a tax windfall, versus those who do not, serves no rational basis,” the document adds.

Rep. Liz Storer, D-Jackson, told Cowboy State Daily on Thursday that she had voted for the 4% tax cap during the tax hikes of 2024. But she views the law as more of a short-term fix. 

"It was a tourniquet; it was a short-term fix," she said. "Butif you leave the tourniquet on, you damage the body." 

Storer's home region of Teton County accounts for huge property tax revenues in Wyoming. She has tried over the years to get lawmakers to stop applying property tax breaks to people's secondary homes. 

Of the $860.2 million in exemptions the 4% cap is expected to cause this year, Teton County accounts for $507.9 million, says a Department of Revenue memo Storer sent to Cowboy State Daily. 

[{"type":"text","marks":[{"type":"bold"}],"text":"The Lawsuit That Wasn’t"}]

The board warned lawmakers before the 4% cap bill’s passage that board members believed it’s unconstitutional.

 “the die was cast,” says the report.

The board examined the residential assessment values and looked for inverted valuations, that is where higher-valued properties were assessed at lower taxable values than other, similarly situated properties.

The board during the 2025 tax calculation process had just two members, Mockler and Hardscog. They voted that year to certify the tax values, but said that those values were probably invalid. Still, they wanted to gather one more year of data to be sure, the report says.

They also planned to release a Nov. 13, 2025, order requiring assessors to stop giving the exemption.

Gov. Mark Gordon’s office asked the board not to issue that order, the report says.

In November and early December, the governor’s office and Wyoming Attorney General’s Office met with Hardscog and Mockler to talk about filing an action asking a court to judge the issue.

The governor’s office and AG’s office agreed the state board should file that court action, the report says.

The litigation was slated to be filed Jan. 20. Gordon’s office asked for multiple delays, at first to communicate the lawsuit with legislative leaders. 

When Gordon’s office asked for another delay two days later, Hardscog and Mockler said they wouldn’t certify the property tax values after the June tax calculation process, “without a working resolution of their constitutional concerns,” says the report.

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<title>Wyoming Tax Board Says 4% Cap On Property Tax Is Unconstitutional, Won't Accept It | Cowboy State Daily</title>

Wyoming’s state-level property tax board told counties on Thursday that a 4% cap on yearly increases in residential property taxes is unconstitutional and it will refuse to certify this year's property tax assessment figures if the cap remains.

Wyoming Tax Board Says 4% Cap On Property Tax Is Unconstitutional, Won't Accept It

Employee kate meadows cropped

Kate Meadows

Outdoors

Wildlife

The bull bison that attacked and killed a 70-year-old woman in Custer State Park last month will not be euthanized.

Instead, he will live out the rest of his life in the care of the Rosebud Sioux Tribe Game, Fish and Parks. The relocation will allow the bison to continue in his natural life in a secure environment away from the public.

The Rosebud Sioux Tribe agency announced the decision Wednesday, which effectively lifts a death sentence for the bison. 

The announcement followed fierce public debate over whether the bull should be put to death after it 

attacked and killed a 70-year-old Canadian tourist

[{"type":"text","marks":[{"type":"bold"}],"text":"Public Weighs In"}]

Dave Scragg, a photographer who lives in Custer and frequently is in the area getting images of local wildlife, told Cowboy State Daily he’s heard rumors the bison was targeted to be put down.

[{"type":"text","text":"He’s glad that won’t happen. "}]

The South Dakota Governor’s Office did not confirm whether a kill order had been placed on the bison, nor did the South Dakota Game, Fish, and Parks Department.

When asked if he could confirm whether a kill order had been put in place, Nick Harrington, communications manager for the South Dakota Game, Fish, and Parks Department, said in a one-sentence email that “all options were being considered and evaluated.”

Scragg, believing along with many others that the bison was facing death, encouraged his followers on social media to plead with the South Dakota Governor’s Office, the South Dakota Game, Fish, and Parks and Custer State Park to not euthanize the bison.

“Our main goal was to save the animal,” he said, adding that people responded by calling officials with the state of South Dakota, Custer State Park and the South Dakota Game, Fish and Parks.

Scragg said he doesn’t know how many people made calls, but he believes the public input made the difference and saved the bison’s life.

“When this all started, the word from the top was that putting this animal down was the plan,” he said in a statement. "We didn’t accept that, and we made sure our voices were loud enough to reach the people who could actually make a change.” 

Rosebud Sioux Tribe Game, Fish, And Parks Takes Over

The Rosebud Sioux Tribe Game, Fish, and Parks department extended its condolences to the family of the deceased woman. 

It also acknowledged that bison are wild animals, and that the one who attacked her was “acting in accordance with its wild nature."

“We will honor both our cultural obligation to protect our relative and the need of keeping the public safe,” the tribe's statement reads.

Cowboy State Daily reached out to the Rosebud Sioux Tribe Game, Fish, and Parks for comment but had not heard back by publication.

Chad Kremer, the bison herd manager for Custer State Park, thanked the tribe for providing a safe home for the bison, sharing on social media that he has been the “steward and caretaker for this bull’s journey of life thus far.”

“As a prey animal, unfortunately, pressure was placed on him that caused him to REACT, not attack, but he didn’t deserve to be destroyed,” he said.

Kremer declined to comment further to Cowboy State Daily pending approval of Custer State Park officials for him to speak to the press. Phone calls to Custer State Park were not returned prior to publication.

Scragg called the decision not to euthanize the animal a “total win for the community and a win for our wildlife.”

[{"type":"text","marks":[{"type":"bold"}],"text":"South Dakota Game, Fish, And Parks Respond"}]

“Herd management decisions are made with public safety at the forefront, and we will continue to take necessary action to protect human life,” Harrington said in his statement.

The best management decision was to remove the bison from the park to ensure public safety, he said.

“We are grateful for Rosebud Sioux Tribe’s willingness to work with us to relocate the buffalo to a location that is suitable for the animal and away from interaction with the general public,” Harrington added.

Custer State Park Phil Gould via Alamy 6 1 26

<title>Bison Escapes Death Sentence After Killing Woman In Custer State Park | Cowboy State Daily</title>

Public backlash against a reported kill order saved a bison that killed a woman in Custer State Park last month. Advocates for the bison say he was acting within his wild nature on his home turf when he killed the 70-year-old Canadian tourist.

Bison Escapes Death Sentence After Killing Woman In Custer State Park

Headshot of Cowboy State Daily reporter, Dale Killingbeck

Dale Killingbeck

Crime & Courts

Courts

CASPER — A 19-year-old Casper man faces felonycharges for allegedly firing into a car that was trying to take his girlfriend out of what she characterized as a “bad situation.”

Camden Martinez faces a preliminary hearing on three counts of aggravated assault and battery and one count of theft. He appeared in Casper Circuit Court for his initial appearance on Tuesday.

Court records show that Casper police officers were called to an area in the Paradise Valley subdivision just after midnight on Monday for a report of shots fired. 

At the scene they found two women and a man with a Volkswagen Jetta. 

One of the women was identified as Martinez’s girlfriend, the other was her friend who drove to the location with the male.

A police affidavit states that Martinez’s girlfriend declined to speak with officers but her friend identified as “KS” said that she had been contacted by Martinez’s girlfriend on social media with a message that she “was in a bad situation” and wanted to be picked up.

At Martinez’s home, the girlfriend came out of the door, got into the back seat behind her, and she started to pull away, KS told police. As she began driving she told officers that she heard shots fired.

“KS quickly drove away and pulled over a short time later and observed her vehicle had been shot in the rear bumper and rear window area,” the affidavit states. 

She told officers she did not have any weapons in her car, and Officers searched the vehicle and found no weapons.

The male in the car with KS told police he was in the front passenger seat and saw Martinez stand shirtless in the doorway of his home as his girlfriend approached the Jetta. 

Martinez yelled something at her, and the girlfriend told them to take off without shutting the car door, he said.

The male told police he heard three shots and the rear window of the car was shot.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Bullet Marks"}]

Police found two “bullet defects” in the back of the Jetta, one to the rear window and one to the bumper. A bullet fragment was also recovered from the car, the affidavit states.

The affidavit states that officers contacted Martinez and he had a “moderate odor” of alcohol and when asked where the firearm was, he replied that “it wasn’t my gun.”

Officers recovered three 10 mm shell casings: one outside the front door of his residence, one in the grass, and one in the street in front of the residence. 

Martinez also said that he was shot at by someone in the vehicle, the affidavit states.

A search warrant obtained for Martinez’s home resulted in officers recovering a black Glock 20 10mm in the propane tank area of a grill in the back yard of the residence. 

It had two rounds in the magazine, the affidavit states. They also recovered a Glock 19 from a gun safe in Martinez’s bedroom. The gun was determined to be stolen from South Dakota.

Martinez’s mother told police that he and his girlfriend had an argument in his bedroom and that when his girlfriend left his room with her backpack, Martinez followed with his hand in his pocket, “giving her the feeling that something was wrong,” the affidavit states.

“(The mother) reported then seeing Martinez standing in the middle of the street, draw a handgun, then fire three rounds in the same direction of travel for the vehicle that (his girlfriend) had left in,” the affidavit states.

The mother told police she did not know that Martinez had the Glock 20 and that he had placed the gun on the grill to “hide it because he had shot it.”

The three aggravated assault charges and the theft charge all are punishable by up to 10 years in prison and a $10,000 fine.

Bond was set at $75,000 cash. Martinez remains in the Natrona County Jail.

A preliminary examination date has not yet been set.

Camden Martinez 6 11 26

<title>Casper Man Accused of Shooting Into Vehicle As Girlfriend Tried To Leave | Cowboy State Daily</title>

A 19-year-old Casper man faces four felony charges and the potential for 40 years in prison after firing three times at a vehicle that was taking his girlfriend away from his home. She was trying to get out of a “bad situation."

Casper Man Accused of Shooting Into Vehicle As Girlfriend Tried To Leave

Headshot of Cowboy State Daily's business and tourism reporter, Renée Jean

Renée Jean

Energy

Robert Kissel moved from Denver to get away from noise, settling on a ranchette along Horse Creek Road northwest of Cheyenne. 

Until now, the historically rural, agricultural neighborhood has delivered on the promise of peace and quiet. It’s a place where nobody has to talk to anybody for days, if they don’t want to, Kissel likes to joke.

It seems that his reprieve from Colorado noise may be much more short-lived than hoped. 

Kissel has learned recently that Black Hills Energy has bought a 935-acre piece of land for what he described as a “huge” natural gas power plant with onsite battery storage, according to notices sent to adjacent landowners. 

The project will trigger a multi-year Wyoming Industrial Siting Division review process, even as Black Hills Energy pursues a multibillion-dollar merger with Northwestern Energy. 

Kissel learned of the project from a neighbor who received a notice from the company. The notices went out only to adjacent landowners, inviting them to an information forum.

Kissel himself didn’t receive one of the invitations, though he lives nearby. But he decided to go to the meeting anyway to learn what he could, as did several other landowners in the area who did not receive notices.

“It was a very contentious meeting,” Kissel said. “Not one of the 40 or so who came were in support.”

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Historic Ranch Community"}]

For decades, Horse Creek has been known as a historic agricultural community. Big land deals usually meant one rancher quietly buying another rancher’s pasture to grow more livestock.

Lately, however, Horse Creek has been attracting deals of a very different nature. 

Real estate agent Wendy Volk, who is a member of the historic Dereemer Ranch family, said even she has been shocked by the “magnitude of what’s coming to southeast Wyoming.” 

In 31 years of selling property, Volk said she’s never seen anything like it.

“Times are changing in a lot of places,” she said. “But boy, for being the least populated place, it feels like we have a target on our — I mean it feels like we’re just inviting people to come in and exploit our resources.”

Because large tracts of land are available, Horse Creek has become a nexus for some of these larger deals, Volk said.

Just recently, for example, the Laramie County Planning Commission and the Laramie County Board of County Commissioners approved a rock quarry expansion.

Then there was the Laramie Range Wind Project, which proposed building 170 wind turbines adjacent to Volk’s property. 

Volk has spoken publicly against the project, which she said has become part of a swath of wind turbines cutting across a 200-mile swath of Wyoming. 

Laramie County commissioners have so far denied the company’s application — though the company is appealing that decision. 

Before that, there was also a proposed bitcoin mining operation that tried to locate in the area, Kissel said. The community banded together and hired an attorney to fight that, too.

Volk worries that such large-scale industrial projects will permanently change the historic character of the Horse Creek neighborhood and price traditional ranchers and local builders out of the market for workable land.

“I’m not against economic development,” she said. “But I want to make sure we’re doing it wisely, that we’ve got a plan, and that this is part of a big-picture plan, because you know that somebody at these multinational companies has a plan.

"They’re looking at this at the 30,000-foot level.”

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Closed-Door Meeting"}]

Black Hills Energy did not respond to Cowboy State Daily’s requests for more information about the project, but said it’s committed to following all applicable regulatory requirements. 

"We are in the early stages of planning for a potential generation project and beginning to meet with landowners directly adjacent to the property,” an emailed statement said. "As a regulated public utility, we will follow all local and state requirements should the project advance. 

"We are committed to stewardship, transparency and public engagement and will provide more information as plans develop."

In the letter sent to Kissel’s neighbor, Black Hills said it “periodically” makes land purchases within its service territory so it can be “ready to serve the growing energy needs of our customers.”

The sale of this tract at 1720 Horse Creek Road was completed earlier in the year for a future power generation project.

“We are committed to being a good neighbor and wanted to take this opportunity to share our preliminary plans with you, so we can address any questions you may have” at an informational meeting Monday night. 

“This meeting is for neighboring landowners only, and will not be open to the public,” the letter added. “We will have members of our Black Hills Energy team on hand to discuss different aspects of our project, including the proposed natural gas generation and battery storage technologies under consideration for the site.”

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Lengthy Permitting Process"}]

Cowboy State Daily asked to attend the meeting but was denied. 

In a recording of a portion of the meeting obtained by Cowboy State Daily, a Black Hills Energy official says the company plans future open houses in October, at which time it will disclose additional work that will be happening at the site, as well as the different requirements of its permits. 

“That starts the clock ticking,” the representative is heard saying on the recording. “We have at least 60 days to collect comments, respond to comments, and then, eventually, after 60 days we have the option for sending in a permit application to the state.”

The state’s review process typically takes 20 days, after which the company will respond to comments as they arrive to the Department of Environmental Quality. 

“After that’s done, then we can start meeting with the Industrial Siting Committee after that … so it’s a very lengthy process,” the representative said.

Timeline wise, Black Hills Energy officials estimated it would be two years before the company could break ground on the project, assuming its permits are approved.

The battery storage is particularly concerning to Kissel. 

In his mind, he said that, “The only reason you’d do that is to put a data center there, to power it."

Black Hills Energy has not confirmed any data centers for the site. Battery storage is increasingly paired with many kinds of power generation, not just server farms. 

Still, the lack of detail about the project has unnerved Kissel and his neighbors, given the influx of between 43 to 70 potential data centers in Laramie County, depending on which estimates one uses.

Kissel said he and other residents were told the project is in preliminary stages, and thus too new to share any details, including the size and scope of the project.

Any future permit applications would have to outline water use, emissions, and other impacts in more detail.

In any case, Kissel feels that the Horse Creek neighborhood is an odd choice for either power generation or a data center.

“This is a rural residential area with many expensive homes with 5- to 40-acre parcels,” he said. “There are no commercially zoned sites for miles in any direction.”

There are also no natural gas wells anywhere nearby, he said. 

“Water for cooling would have to come from aquifers in such quantities it could affect domestic wells for many miles around,” he said, adding that areas south and east of town are closer to a suitable fiber optic trunk line.

“We’re a long ways from having a connection that powerful up here,” he said. “So it just doesn’t make a whole lot of sense, but they’re looking for big pieces of ground for cheap money.”

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Utility With Big Ambitions"}]

With Black Hills Energy in the midst of a $15.4 billion merger with Montana’s largest monopoly utility, Northwestern Energy, some Horse Creek residents worry that they’re no longer dealing with just a local utility company that they know well, but a much larger, multi-state corporation that is viewing their community as just another convenient spot on a regional power grid. 

The merger between the two companies has been proceeding on schedule so far, with shareholders approving the all-stock, tax-free merger deal in April. 

The expected closing is sometime in the latter half of 2026, subject to regulatory approvals.

The new combined company is to be named Bright Horizon Energy Corp. and will be headquartered in South Dakota.  Black Hills will own 56% of the new company, while Northwestern will own the remaining 44%. 

According to information on Northwestern Energy’s website about the merger, the combined company expects to serve 2.1 million customers across eight contiguous states. 

The size and scale of the new company is expected to help drive operating and cost optimization across the combined enterprise.

The investment plans for the combined company from 2025 to 2029 exceeds $7 billion, and will focus on growing critical infrastructure to meet rising energy demands, while ensuring competitive rates for customers. The target growth rate is between 5% to 7% — more than either company could do alone.

No single jurisdiction within the company’s combined territory, which includes Wyoming, will represent more than one-third of the company’s business.

Horse Creek Road Exit 6 10 26

<title>Not In Our Backyard: Rural Cheyenne Residents Don’t Want Black Hills Gas Plant | Cowboy State Daily</title>

A rural neighborhood north of Cheyenne told Black Hills Energy it doesn't want a planned natural gas power plant during "a very contentious” local-only meeting this week. “The only reason you’d do that is to put a data center there,” said one resident.

Not In Our Backyard: Rural Cheyenne Residents Don’t Want Black Hills Gas Plant

Headshot of Cowboy State Daily's managing editor, Greg Johnson.

Greg Johnson

CHEYENNE — A 57-year-old woman charged with first-degree murder in the death of a newborn boy in early 1988 repeatedly told investigators she was never pregnant around that time, despite DNA testing showing it’s 1.97 million times more likely she’s the baby’s mother than anyone else.

 Cheyenne resident Eva Martinez was arrested Tuesday on suspicion of first-degree murder in the death of who has become known over the past 38 years as “Baby John Doe,” whose body was gruesomely discovered Feb. 28, 1988, near a culvert off a county road, according to court documents.

A 57-year-old woman who was arrested Tuesday and charged with first-degree murder in the death of a newborn boy in early 1988 repeatedly claimed the baby wasn’t hers. Investigators say DNA testing shows it’s 1.97 million times more likely she’s the baby’s mother than anyone else.

One More For The Road: Wednesday, July 19, 2023

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