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Wyoming Supreme Court rules that controversial Cody Temple construction can move forward

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Wyoming Supreme Court rules that controversial Cody Temple construction can move forward


CHEYENNE, Wyoming (ABC4) — In an opinion by the Wyoming Supreme Court released Friday, the Court ruled in favor of the Church of Jesus Christ of Latter-day Saints and the City of Cody Planning, Zoning, and Adjustment Board with regards to the construction of the Cody Temple.

The Court upheld the District Court ruling that Preserve Our Cody Neighborhoods (POCN) did not petition review of the temple permit’s approval within 30 days, so the Court did not have jurisdiction to hear their petition.

POCN is an unincorporated organization of Cody landowners against the construction of the Cody Temple, according to the Court decision.

The Church broke ground on the Cody Temple in September of last year after Wyoming District Court made their ruling that POCN filed their petition too late. Construction has continued since then.

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PREVIOUS COVERAGE: LDS Church breaks ground on controversial Cody Wyoming Temple after extensive legal battle

An in-depth history of the Cody Temple’s legal battles

The Cody Temple was announced in the October 2021 general conference of the Church of Jesus Christ of Latter-day Saints. It will be the third temple in the state, with others in Casper and Star Valley, Wyoming.

According to the Wyoming Supreme Court opinion, the Church chose a 4.69-acre parcel of land that it owned in Cody to build the temple, and in May 2023, it requested a special exemption to the height restriction of city ordinances. In addition, it also requested approval for the site plan and a conditional use permit (CUP).

The height restriction for residential zoning according to Cody city ordinance is 30 feet. The roof height for the proposed temple was 24 feet, but the spire would be 76 feet 11 inches.

The Cody City Planner argued that the Church did not need the special exemption because the roof height of the church was below the height restriction. Building height, as defined under Cody ordinance, “refers to the vertical distance between the average finished grade and the
highest point of the coping of a flat roof,” so under that definition, the proposed temple, with its flat roof (other than the spire), was not violating any ordinances.

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In June 2023, the Cody Planning, Zoning, and Adjustment Board (the board) met to review the Church’s proposals. They allowed “extensive comment” from members of the public, including members of POCN and its attorneys.

Five of the seven board members were present at the meeting. There, they tabled the Church’s request for a special exemption. Three board members voted in favor (3-2) of the Church’s site plan for the temple. The motion to grant the CUP was passed 4-1, based on the recommendation of the city planner.

The Board said that the motion to approve the site plan failed and voted to table it, but the Church filed a petition for review on the site plans in district court. It argued that the board made a mistake “as a matter of law” when it ruled that the motion failed, because the motion did in fact have a majority vote in favor.

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The board held several other meetings to review the Church’s proposals in June and July of 2023. In the June meeting, the board discussed their acceptance of the Church’s CUP. One board member said that they had “a little bit of a hiccup in the procedural side of things.” He said that they did not intend to accept the city planner’s interpretation of the height restriction, but by accepting his recommendation, they had inadvertently done exactly that.

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They made a motion to reconsider the acceptance of the CUP and once again tabled the site plan and the request for a special exemption, as no agreement was reached.

The Church then filed its second appeal with the district court, claiming that the board did not have the authority to reconsider the acceptance of the CUP at that meeting. It also alleged that they did not have the authority to reconsider and table the site plan after it was already approved at the June meeting.

In July, the Church withdrew its request for a special exemption. During the board meeting, they amended their findings of the CUP, and it remained approved.

The POCN made their first petition for review with the district court on August 21, 2023. They alleged that the board’s approval of the CUP during the July 25 meeting “was arbitrary and capricious, contrary to the law, and unsupported by substantial evidence,” according to the Supreme Court opinion. The Church then filed a cross-petition for review.

In August 2023, the board held another meeting, where they approved the Church’s site plan. On August 24, POCN filed their second petition for review, alleging that the board’s approval of the site plan was also arbitrary, capricious, contrary to law, and unsupported by evidence.

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The district court combined the petitions, and it found that the site plan and the CUP were approved on the June 15, and therefore POCN had not filed their petitions within the 30-day time limit.

Ultimately, the Wyoming Supreme Court upheld the district court decision, siding with the Church and the board, and the Cody Temple can continue construction.

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Residents celebrate Wyoming Statehood Day by revealing their favorite thing about the Cowboy State

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Residents celebrate Wyoming Statehood Day by revealing their favorite thing about the Cowboy State





Residents celebrate Wyoming Statehood Day by revealing their favorite thing about the Cowboy State – County 17




















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Election Q&A: Laurie Longtine for Wyoming House District 59

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Election Q&A: Laurie Longtine for Wyoming House District 59


CASPER, Wyo. — As the Aug. 18 primary election approaches, Oil City News is introducing candidate questionnaires to help voters make informed decisions at the ballot box.

Every candidate in the primary field was sent the same three questions and given a limit of 500 words, which could be distributed among their answers as they saw fit. To ensure a fair and direct line to the community, all responses are published exactly as submitted, without edits or alterations.

Candidates were asked:

  • What are the most crucial challenges your constituents are facing?
  • If elected, how will you address these challenges?
  • What qualities or qualifications do you possess that have prepared you to meet these challenges?

Questionnaires are being published on a rolling basis online through Aug. 11. They will be accessible via the Oil City News Election Tracker.

Additionally, Oil City News will mail a comprehensive print voters guide directly to all Natrona County households in mid-July, featuring all questionnaires received by July 6.

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Laurie Longtine (D), Wyoming House District 59

What are the most crucial challenges your constituents are facing?

Working families in Natrona County have the same concerns as families throughout the country.  Families want to ensure their children are safe, healthy, and well educated.  Right now, reductions in revenue are affecting all three of these issues.

If elected, how will you address these challenges?

I will work tirelessly to ensure the public schools that educate our children are fully funded, that working families have access to affordable healthcare, and that counties and municipalities have the necessary revenue to provide the services we all depend on in our communities.

What qualities/qualifications do you possess that have prepared you to meet these challenges?

I have worked in various management roles in a broad variety of businesses.  Currently I volunteer with several organizations and have held leadership roles in the different clubs and organizations I have been part of over the years.

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Wyoming officials say Meta’s 715,000-square-foot data center is responsible for contaminating its water system with a rare bacterium | Fortune

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Wyoming officials say Meta’s 715,000-square-foot data center is responsible for contaminating its water system with a rare bacterium | Fortune


Cheyenne, Wyoming, officials say Meta’s data center construction is responsible for the contamination of part of the town’s recycled water system.

The Board of Public Utilities (BOPU) traced the presence of a bacterium discovered in its wastewater treatment facility earlier this year to Goat Systems LLC, a Meta contractor for the tech company’s in-progress 715,000-square-foot data center campus, according to recent public notices from the BOPU.

The bacterium did not enter Cheyenne’s drinking water supply and was found in systems used for irrigation purposes only. Cupriavidus gilardii is a rare organism typically found naturally in water and soil. Infections from this bacterium are extremely rare, BOPU said, but can pose a threat to elders and immunocompromised individuals directly exposed to it.

It was discovered during routine testing in February, prompting BOPU to temporarily suspend the city’s reclaimed water irrigation program and terminate Meta’s discharge privileges. 

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The board also announced last week it would not accept industrial wastewater discharges associated with fill-and-flush operations—which circulates, then flushes purified water to eliminate construction debris and residue—nor closed-loop cooling systems popular in data centers that circulate coolants mixed with water.

The board classified the incident as “significant non-compliance with federal pretreatment regulations.”

“Over the past two months, BOPU staff have undertaken significant remediation efforts, including draining and disinfecting the entire reuse water system and Prairie View Pond to eliminate any remaining bacterial presence,” one notice said.

Cheyenne’s BOPU declined Fortune’s request for comment and said it will hold a press conference in the next week with additional details on the situation. 

A Meta spokesperson told Fortune the company is supporting Fortis, its general contractor, in its efforts to resolve the problem, and that Fortis began testing its own water through a third-party environmental specialist, who found no traces of the bacterium.

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“When the board shared that it found a substance in the city’s wastewater—not public drinking water—Fortis immediately stopped discharging industrial wastewater and began hauling it offsite,” a spokesperson said in a statement. “Meta is committed to being a good neighbor in Cheyenne, including through the protection of local water resources, and will continue encouraging collaboration between Fortis and the board until this situation is resolved.”

Pollutants from data center construction and operations are part of the mounting anxieties Americans have around the exploding growth of AI infrastructure around the country. A recent Gallup poll found about 70% of Americans somewhat or strongly oppose the construction of data centers in their local area. While half of respondents cited environmental concerns, such as excess water usage and deforestation, 16% of respondents cited pollutants, including air and water contamination, among reasons for their opposition.

Meta announced the construction of the Cheyenne data center in July 2024, saying it would be the company’s 21st data center in the U.S. and 25th globally. According to the company, Cheyenne provided access to infrastructure and energy and had a large talent pool from which to recruit.

Meta projected that the $800 million investment would sustain more than 1,000 construction jobs at the height of the build and support 100 jobs once completed. The campus is one of 27 data centers in Cheyenne and 31 in Wyoming. By comparison, Northern Virginia has the most data centers in the country, with about 550.

The tech company, for its part, previously said it would allocate resources toward the energy grid and water-cleanup efforts, including working with Black Hills Energy and the Laramie County Conservation District to restore Crow Creek, which recharges the state’s Ogallala Aquifer.

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“Meta wants to be a positive contributor in communities like Cheyenne,” the company’s announcement said. “And that includes investing in the energy grid and supporting local water restoration projects.”



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