The drama and legal wrangling over a controversial 101-foot-tall Church of Jesus Christ of Latter-day Saints temple planned for Cody, Wyoming, appears to be over, at least for now.
District Court Judge John Perry ruled Monday that construction of the 9,950-square-foot temple that has been the focus of fierce opposition by some Cody residents for more than a year can move forward. Perry had already ruled that construction could begin on the temple pending his final ruling, but the church voluntarily chose to delay construction until that decision.
The church did not immediately respond to Cowboy State Daily's request for comment on the ruling, but it has been staging building components for the temple near its site on Skyline Drive.
In his nine-page order, Perry found that the original decisions made by the city of Cody’s Planning and Zoning Board were legal and that Preserve Our Cody Neighborhoods (POCN), the group opposing construction of the temple, did not file its petition for review in time.
“The filing of a petition for review within 30 days of a final agency decision is a crucial and jurisdictional requirement for judicial review,” Perry writes in his order. “POCN’s failure to timely file their petition for review prevents the court from having jurisdiction to consider their claims.”
In a Facebook statement, POCN said it may file an appeal with the Wyoming Supreme Court.
“POCN is in the process of carefully reviewing the court’s decision to determine our next steps in this process,” the group said. “While POCN fully respects the court’s authority, POCN is concerned that the court’s analysis is not correct and may merit further review by the Wyoming Supreme Court.”
POCN had argued that the zoning board did not follow correct procedures in approving the temple. It also said the temple should be built in a different part of the local area because it does not conform with the Rural Residential zoning district it is being constructed in.
The group argued the temple’s height at 101 feet is illegal, that it would ruin the local viewshed, create light pollution and increase traffic in the residential area.
The Facts
Perry first rejected the contention that the board had erred when it later amended the conditional use permit (CUP), site plan and findings of fact that were originally approved at its June 15, 2023, meeting, and that this decision was final and shall govern the temple construction.
The board ended up amending the CUP and site plan later that summer because only a majority of board present at the meeting, not the majority of the whole board, had approved the documents. State law says a majority of a board needs to approve these projects, but Cody city ordinance says “of those present.”
Perry said these changes should not have happened and that the fact that three of the five board members voted in approval was enough and final.
POCN had also argued that the Planning and Zoning Board’s decision to approve the CUP was not final because the board still had to rule on the approved height of the temple, but Perry still disagreed.
“The subsequent attempts at modifying the June 15, 2023, agency actions were without legal authority,” Perry writes.
POCN did not file its petition until Aug. 18, 2023, which it then amended about one week later. The group had wanted a review of the decisions made at the board’s July 25 meeting.
Perry ruled that the lawsuit would have had to be filed by July 15. Since it wasn’t, he doesn’t believe he even has jurisdiction to rule on the case.
“The court cannot agree that the board’s improper and impromptu choice to reconsider the approval at subsequent meetings restarts the clock for the filing of a petition for review,” Perry writes.
Nowhere in Perry’s order did he analyze or rule on the merits of the actual decision the board made in approving the temple.
What’s Next?
Monday’s ruling represents a critical moment for the temple that was first announced in October 2021.
With the temple fully approved, there are no obstacles in the way of the church starting construction whenever it pleases.
Also on Monday, the public was given one of the few early looks at the inside of a similar sized temple opening in Casper. Once the facility is dedicated Nov. 24, only certain members of the faith will be allowed inside.
Temples differ from churches within the LDS faith as particularly sacred venues that aren’t regularly attended. They host weddings, baptisms and other worship services.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
