The town of Fairview has created a Zoning Defense Fund for legal costs in anticipation of a lawsuit from the Church of Jesus Christ of Latter-day Saints over the town’s denial of a controversial proposed temple.
In August, the Fairview town council denied a conditional use permit to construct the McKinney Texas Temple.
The proposed temple was a 43,200 square-foot building, 65 feet tall with a spire reaching almost 174 feet. The temple was planned for a lot next to an existing meetinghouse in the town. The lot falls under the town’s residential-area zoning restrictions stating buildings can have a maximum height of 35 feet. If built, it would be the town’s tallest building.
The Zoning Defense Fund, meant to protect the town’s zoning ordinances from potential litigation, is accessible through the town’s website. Donations are voluntary and nonrefundable.
Present town council members unanimously voted to approve the fund in an Oct. 2 meeting. Councilmember Gregg Custer was absent from the meeting and did not vote, Fairview Mayor Henry Lessner said.
The money will go toward “legal costs and related expenses incurred by the Town and its attorneys in defending the Town’s zoning ordinances,” according to the town website. Litigation could involve the church itself, individual members or other parties “in relation to the disputed zoning matter.”
Melissa McKneely, communications director for The Church of Jesus Christ of Latter-day Saints in Dallas, said she and others in the church are unable to comment at this time and did not give information on potential litigation or the fund.
Lessner, who has spoken out against the church’s proposed temple, said the church has said “several times” it would sue the town if officials don’t approve the proposed building.
“They are now looking at their options, and their options probably start with filing a lawsuit against us, and that’s what this money would be to help our town defend itself,” Lessner said. “This is a classic David and Goliath kind of arrangement.”
A letter sent to the town council from lawyers Richard Abernathy and Jared Pace states temple sites are selected “under the direction of the Lord.” Temple architecture reflects the church’s belief that the temple is “literally the house of the Lord,” the letter states, and the architecture, particularly the steeple, reflects the church’s belief in looking up and ascending to God.
“Religious freedom outweighs subjective concerns about aesthetic appearance and neighborhood character,” the letter states, citing the Texas Religious Freedom Restoration Act and the federal Religious Land Use and Institutionalized Persons Act.
Some religious institutions in the town have been permitted to exceed 35 feet in height. Lessner said the town would allow the church building to reach 42 feet and the top of the spire to reach 68 feet, but city officials rejected those dimensions. The church offered to reduce the height of the temple by 15 feet and change its name, but town representatives did not support the proposed changes.
The council denied the permit without prejudice, meaning the church can present revised plans to the planning and zoning committee and the council without time restrictions.
Lessner said Fairview, a town of nearly 11,000 people around 30 miles north of Dallas, needs a way to defend itself against the church, one of the wealthiest religious institutions in the world.
“This might help us avoid raising taxes, going bankrupt,” Lessner said. “Who knows what this will require from our town.”
The town website states that “after this matter has been concluded” and any litigation costs have been paid, any remaining funds will go to the Friends of Fairview First Responders Association, a nonprofit supporting police and firefighters in the town.
The mayor said he’s received emails from town residents, current and former church members and others who supported the town’s decision to deny the permit. He said his idea for the fund came from community feedback, and it will allow people to show their support through donations.
The temple was hotly debated over the summer, when dozens spoke both in favor and against the church at council meetings.
While members of the church said the proposed temple would accommodate the church’s growing population, those in opposition said a building of that size would look out of place in a residential neighborhood.
Similar debates over temple constructions have arisen in Nevada, Wyoming and Utah.
After the council’s denial, Fairview’s mayor told The Dallas Morning News editorial board his office received notice that two church members planned to file a lawsuit against the town. The planned lawsuit, which came from individuals and not the church itself, had not been filed as of mid-October, Lessner said.
Art Rascon, an area authority for the church, said at the time the church had taken no official action against the town of Fairview and was still considering all its options.
Lessner emphasized the town’s defense aims to protect the town’s ordinances against the church as an institution.
“This is not an issue with the local people. This is an issue of what folks in Salt Lake City want to do,” Lessner said. “Local folks are not behind this, and they may support it, and I understand that, but they are not the ones driving this.”
