The Town of Fairview has created a Zoning Defense Fund to cover legal costs in preparation for a lawsuit from The Church of Jesus Christ of Latter-day Saints over the town’s rejection of a controversial temple project.
In August, the Fairview Town Council denied a conditional use permit to build the McKinney Texas Temple.
The proposed temple would be a 43,200 square foot building with a height of 65 feet and a spire reaching approximately 174 feet high. The temple was planned on a site next to the town’s existing meetinghouse. The site is subject to the town’s residential zoning restrictions, which limit building heights to a maximum of 35 feet. If built, it will be the tallest building in town.
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The Zoning Defense Fund, which aims to protect the Town’s zoning ordinance from potential litigation, can be accessed through the Town’s website. Donations are voluntary and non-refundable.
Current Town Council members voted unanimously in favor of approving the fund at their Oct. 2 meeting. Fairview Mayor Henry Lessner said Councilman Greg Custer was absent from the meeting and did not vote.
According to the town’s website, the funds will go towards “legal fees and related expenses incurred by the town and its attorneys in defending the town’s zoning ordinance.” Litigation could involve the church itself, individual members or other parties “in connection with disputed zoning issues.”
Melissa McKneely, communications director for The Church of Jesus Christ of Latter-day Saints in Dallas, said she and church officials could not comment at this time and did not provide information about potential lawsuits or funds.
Lesner, who has been a vocal opponent of the church’s proposed temple, said he has said “numerous times” that the church will sue the town if officials don’t approve the proposed building.
“They’re looking at their options right now. Maybe their options start with filing a lawsuit against us. That’s how this money goes to protect our town. “I guess so,” Lesnar said. “It’s a classic David and Goliath kind of deal.”
Tuesday, August 6, 2024, Council Meeting in Fairview, Texas. The Acacia event site in Fairview is where the council voted on whether The Church of Jesus Christ of Latter-day Saints could build a proposed temple. (Anya Schlein/Special Contributor)
A letter to the town council from attorneys Richard Abernathy and Jared Pace said the site for the temple would be chosen “at the direction of the Lord.” The architecture of the temple reflects the church’s belief that the temple is “literally the house of the Lord,” and the architecture, especially the spire, reflects the church’s belief that we ascend to God, the letter said. .
The letter cites the Texas Religious Freedom Restoration Act and the federal Religious Land Use and Institutional Occupancy Act, stating that “religious freedom trumps subjective concerns about aesthetic appearance or neighborhood character.” states.
Some religious buildings in town are allowed to exceed 35 feet in height. Lesner said the city would allow the church building to reach a height of 42 feet and the top of the steeple to reach 68 feet, but city officials rejected those measurements. The church proposed reducing the temple’s height by 15 feet and changing its name, but town representatives did not support the proposed changes.
The council refused permission without prejudice. That means churches can submit revised plans to the Planning and Zoning Commission and the Council without any time limit.
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Lesner said Fairview, a town of about 11,000 people about 30 miles north of Dallas, needed a way to protect itself from the church, one of the wealthiest religious groups in the world.
“This may help avoid tax increases and bankruptcy,” Lesner said. “Who knows what this will require of our city?”
The town’s website states that after “this matter is resolved” and legal fees are paid, remaining funds will go to the Friends of Fairview First Responders Association, a nonprofit that supports the town’s police and firefighters. It is stated that it will be donated.
The mayor said he has received emails from town residents, current and former church members and others supporting the town’s decision to deny the permit. He said the idea for the fund came from feedback from the community and people could show their support through donations.
Maria Nevils outside the Town Council building in Fairview, Texas, on Tuesday, August 6, 2024. Acacia’s event site in Fairview is where Congress will vote on whether to grant special permission to The Church of Jesus Christ of Latter-day Saints. Build their proposed McKinney Texas Temple. (Anja Schlein / Special Contributor)
The temple was hotly debated over the summer, with dozens of people speaking in Congress both for and against the church.
Church members said the proposed temple could accommodate the church’s growing population, but opponents said a building of that size would look out of place in a residential area.
Similar debates over temple construction are occurring in Nevada, Wyoming, and Utah.
RELATED: Like Fairview, Las Vegas LDS temple gets snubs, but results are different
After the City Council’s refusal, Fairview’s mayor told the Dallas Morning News Editorial Board that his office had received notice that two church members planned to file a lawsuit against the town. The planned lawsuits were from individuals, not the church itself, and had not yet been filed as of mid-October, Lesner said.
Art Rascon, the church’s local authority, said the church had not taken any formal action against the Town of Fairview at the time and was still considering all options.
Lesner emphasized that the purpose of the town’s defense is to protect the town’s ordinances from the church as an organization.
“This is not an issue for local residents. This is an issue about what the people of Salt Lake City want to do,” Lesner said. “Local people are not in support of this, they may be in support of this and I understand that, but they are not the ones driving this.”
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