The Church of Jesus Christ of Latter-day Saints delivered an official "intent to sue" notice to the town of Fairview this week amid a dispute over the size of a proposed temple.
The temple, referred to as the McKinney, Texas temple, is proposed for Stacy Road in Fairview located in Collin County.
Originally the church proposed a 65-foot high, 43,000-square-foot building with a 174-foot spire but was denied by the town. After a mediation agreement, the new plan proposed a one-story, 35-foot tall, 30,000-square-foot building with a 120-foot tower.
But Eric Pinker, an attorney for the church, said in a letter to Town Mayor Henry Lessner and Planning Manager Israel Roberts that the town violated the church's right to free exercise of religion and nondiscrimination of land use.
In a letter dated Jan. 13, Pinker said the church was concerned about whether the town would commit to the mediation.
"The Church has no confidence that the Town will make good on its commitments as set forth in the Memorandum," Pinker said in his letter. "The Church is further concerned that proceeding as though the Town will make good on its commitments will simply prejudice the Church’s legal rights."
He referenced the town's January newsletter, in which Fairview Mayor Henry Lessner said they did not expect the new design with the 120-foot tower would be accepted.
"If this happens, it moves us closer to being sued by the LDS church and the potential dire financial consequences of that action for the Town, should the Town lose in court," Lessner said in the letter.
KERA reached out to Lessner for further comment and will update this story with any response.
Pinker said the church did not intend to submit an amended or new conditional use permit application for the temple.
Plans for the temple have been public for at least the last three years. The church originally planned to build it in Prosper and announced its intention during a church general conference meeting in October 2022.
Its location was moved to Fairview by December of 2022. Plans for the temple have gone back and forth between church and city officials since.
During two open house meetings hosted by the Church, they said the larger temple was meant to accommodate its growing population.
The Fairview Council granted a continuance on Aug. 6 allowing time to revise its plans.
More than 70 people spoke during the meeting, which highlighted issues of zoning, religious freedom, and the town’s identity. Many speakers wore shirts reading, “Fairview United: Keeping it Country" and those opposed maintained the temple’s size wouldn’t suit the residential neighborhood.
In his January letter to the city, Lessner said he got the sense Fairview residents wanted the issue to go to court.
"The constant question I get is, if our residents and businesses have to follow our zoning laws, why does a religious building get a pass? I know the answer: It is the federal law, RLUIPA," Lessner said in the letter, referencing the Religious Land Use And Institutionalized Persons Act. "But it doesn’t seem right."
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