By Buzzy Hassrick
Cody Enterprise
Via- Wyoming News Exchange

CODY — The Church of Jesus Christ of Latter-day Saints won its lawsuits to build a proposed controversial temple in Cody, according to a judge’s decision issued Monday. The opponents may file an appeal.

“…The Court affirms the City of Cody’s decision to grant a conditional use permit to the Church,” District Judge John Perry wrote.

He found that Cody’s Planning and Zoning Board had approved the project, as LDS claimed, and that the opponents’ challenges were filed too late. 

The Enterprise contacted the church for comment, but local spokeswoman Amy Dansie said a statement from Salt Lake would not be ready in time for the paper’s deadline. 

The opponents, Preserve Our Cody Neighborhoods, posted a reaction on their Facebook page: “POCN is in the process of carefully reviewing the Court’s decision to determine our next steps in this process. 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 will consider filing a timely appeal.”

The judge’s ruling was centered on his finding that the P&Z board’s approval of the site plan, conditional use permit and findings of fact was proper and final on June 15, 2023. Of the five board members present, the vote was 3 for, 1 against and 1 abstain, which he said qualified as accepted action under city ordinance.

POCN countered that state law requires a majority of the board for approval, which would mean at least four out of seven members. Further, it said state law supersedes city ordinance.

Perry wrote that any challenge must be submitted within 30 days of the disputed decision, which he said occurred June 15. POCN didn’t file until August 21, while the P&Z board continued either to reconsider or to modify its decisions about the temple until August 8.

Further, the judge said the P&Z board had no authority to reconsider or modify its decisions at its subsequent meetings on June 27, July 25 and August 8.

“The City of Cody’s grant of a conditional use permit to the Church is affirmed …,” Perry wrote in his conclusion. “Accordingly, the relief prayed for by the church is granted and the relief prayed for by POCN is denied.”

Lengthy process

In October 2021, LDS announced plans for a Cody temple — a single-story building of nearly 10,000-square feet, with a tower reaching 100-feet, 11 inches. 

It would be built on 4.69 acres off Skyline Drive with a 470-foot setback in an area zoned rural residential, which requires a non-residential developer to apply for a conditional use permit. 

The church initially applied for a permit and submitted a site plan on April 18, 2023, then withdrew the application and resubmitted it April 24. It also requested special exemption of the building’s height from zoning regulations, but withdrew it after city officials said it wasn’t necessary because they determined the structure fit within the zoning height limit of 30 feet and the tower was excluded.

The P&Z board held a public hearing June 15, which ran about six hours, and approved a permit accompanied by findings of fact. It voted 3-1-1 on the site plan and subsequently tabled it.

On June 27, the board reconsidered the findings and said the church needed a special exemption for the tower’s height. 

It also approved reconsidering the site plan. On July 25, the board reconsidered the permit and found the building complied with height limits. And on August 8 it amended the site plan to restrict the operating hours for exterior lights on the building.

In mid-September, the city issued a building permit for the temple. The church had shipped modular-building components to Cody that spring for storage outside Y-Tex and moved them to land adjacent to the building site earlier this year. They remain under wraps.