Latest news with #WyomingSupremeCourt
Yahoo
14-06-2025
- General
- Yahoo
Wyoming Supreme Court rules that controversial Cody Temple construction can move forward
CHEYENNE, Wyoming () — 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 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. PREVIOUS COVERAGE: LDS Church breaks ground on controversial Cody Wyoming Temple after extensive legal battle 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 thehighest 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. 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. Homeowners file lawsuit against approval of Fairview Temple construction 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. 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. 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. Ahead of protests, how police and organizers prepare for agitators Wyoming Supreme Court rules that controversial Cody Temple construction can move forward Zion National Park celebrates 100 millionth shuttle boarding Keep your skin soft and healthy this summer with O'Keeffe's Good4Utah Road Tour: East Canyon State Park Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
11-06-2025
- Yahoo
District court was wrong to deny sentence reduction, Supreme Court finds
CHEYENNE — The Wyoming Supreme Court has ruled that the Laramie County District Court 'abused its discretion' by declining to reduce the sentence of a man convicted of aggravated robbery with a deadly weapon. In 2023, an unidentified district court judge sentenced David Herrera Jr. to five to eight years in prison after he pleaded guilty to aggravated robbery with a deadly weapon, according to a Supreme Court opinion published June 2. Along with his sentence, Herrera was referred to the Youthful Offender Transition Program (YOTP) with the understanding that if he completed the program, he would receive a reduction in his sentence. The offense Herrera robbed a convenience store in Cheyenne in October 2020. In the course of the robbery, Herrera held the store clerk at knifepoint. Following DNA evidence and tips from the community, Herrera was arrested in February of 2023 at the Big Horn Motel. Under a plea agreement, Herrera pleaded guilty to a single count of aggravated robbery with a deadly weapon, according to court documents. In turn, the state agreed to dismiss additional charges and argue for a term of no more than five to eight years imprisonment. The recommended sentence was deemed appropriate because, 'Among other things, Mr. Herrera's crime was violent, the store clerk was traumatized by the robbery and Mr. Herrera committed additional criminal offenses after the robbery,' according to the Supreme Court opinion. The court then recommended YOTP in addition to the prison time, committing to reduce Herrera's sentence both verbally at the sentencing and in the written judgment and sentencing document. An opportunity 'It's an opportunity,' the unidentified judge told Herrera at his sentencing. 'Not just to say you're sorry or to say, 'I have a substance abuse problem,' but to work hard inside the Department of Corrections to address the problem, succeed in the youthful offender, and you will get a sentence reduction so that you're back on the street the minimum amount of time.' Shortly after the sentencing, the judge involved retired, according to court documents. Regardless, Herrera followed through with YOTP and succeeded in the program. Following his successful completion of the program, Herrera appealed, requesting the court modify his sentence, suspending the remainder of the previously imposed term and putting him on three years of probation. 'In support of his request, Mr. Herrera explained he had been actively participating in the YOTP and how it changed his life for the better, and that he was nearing completion of the program,' Justice Robert Jarosh wrote in the opinion. 'Mr. Herrera also included a letter from the Wyoming Department of Corrections Unit Manager and his caseworker. The letter discussed Mr. Herrera's various accomplishments during his enrollment in the YOTP.' Despite this, the district court denied the motion, citing the court's discretion in the matter. The court cited a variety of factors supporting Herrera's incarceration. Specifically, in the state's view, the sentence remained appropriate and 'in line' with the sentencing factors of punishment and deterrence. 'Mr. Herrera's crime had long-lasting and profound impacts on the store clerk he held at knifepoint, and Mr. Herrera's criminal history made him a high risk to commit further criminal offenses,' Justice Jarosh wrote in the opinion, summarizing the court's decision to deny a sentence reduction for Herrera. The district court did not hold a hearing on Herrera's motion, according to the opinion. On Oct. 2, 2024, the district court entered its Order Denying Motion for Sentence Reduction, which Herrera appealed. Abused discretion The state Supreme Court determined that the district court had abused its discretion by not reducing Herrera's sentence, consistent with both written and verbal agreements. 'Given that the district court told Mr. Herrera that he would receive a sentence reduction if he completed the YOTP, it was not reasonable for the district court to deny the motion for sentence reduction without justification,' the court's opinion reads. Justices added, 'While the change in district court judges may help explain why the prior commitment was not honored, this is one of those rare circumstances where a district court abused its discretion in denying a motion for sentence reduction.' As a result, the state Supreme Court reversed the district court's decision and determined that further sentencing proceedings were required in Herrera's case, consistent with the court's opinion.
CNN
13-04-2025
- Health
- CNN
New laws complicate Wyoming's abortion situation as bans set to be argued in state Supreme Court
When a Wyoming woman phoned the state's only abortion clinic recently to make an appointment to end her pregnancy, she received news that complicated her life even more. Wellspring Health Access had stopped providing abortions that same day, responding to a slew of new requirements for the Casper clinic to become a licensed surgical center. 'It was kind of really bad timing on my part,' said the woman, who declined to be named because of abortion's stigma in her community. Though abortion remains legal in Wyoming, it has become increasingly difficult because of new requirements for abortion clinics and women seeking abortions. In this case, the woman had to go to Colorado, which partially borders southern Wyoming. On Wednesday, the Wyoming Supreme Court is set to hear arguments over state abortion bans that a lower court judge has suspended and struck down as unconstitutional. But even if the state high court agrees with those rulings, access to abortion in Wyoming stands to remain uncertain. One new law targets Wellspring Health Access as Wyoming's only abortion clinic, requiring licensure as an outpatient surgical center at a cost of up to $500,000 in renovations, according to the clinic. The law also requires the clinic's physicians to get admitting privileges at a hospital within 10 miles. A hospital three blocks from the clinic is under no obligation to admit its doctors, however. 'This is an abortion ban without banning abortion,' said Julie Burkhart, founder and president of Wellspring Health Access. A second new law requires women to get ultrasounds at least 48 hours before a medication abortion, costing them $250 or more plus gas money and travel time in a state where ultrasounds are unavailable in many rural areas. The Wyoming Legislature is well within its rights to regulate abortion to protect women from even the small chance of an abortion mishap, argued an attorney for the state, John Woykovsky, at a recent court hearing on the new laws. In most cases, a transvaginal ultrasound is required to obtain a fetal image in the earliest stages of pregnancy, when most abortions are done. That invasiveness, especially for victims of rape and abuse, caused Gov. Mark Gordon, a Republican, to veto the ultrasound bill a few days after he signed the surgical center requirement into law Feb. 27. The Republican-dominated Legislature overrode his veto, leading Wellspring Health Access, the Wyoming abortion access advocate Chelsea's Fund and others to sue over it and the licensing law. Meanwhile, the legal uncertainty caused Wellspring Health Access, which opened in 2023 after an arson attack delayed the original date by almost a year, to halt both medication and surgical abortions. Several dozen abortion opponents attended a Tuesday hearing in Casper on whether to suspend the laws while the lawsuit moves ahead. If that happens, clinic abortions will resume, to the dismay of opponents, said Ross Schriftman, president of the local Wyoming Right to Life chapter. 'No inspections, no confirmation of whether the people committing the abortions are licensed doctors for Wyoming and no continuity of care to the hospital,' Schriftman said by email. A former Wyoming resident who, in 2017, got an abortion in neighboring Colorado, her closest option at the time, sympathized with rural Wyoming women seeking abortions now. 'God forbid it's the winter,' said Ciel Newman, who now lives in New Mexico. 'Wyoming's a huge, rural state without much interstate coverage.' The amount of business at Wellspring Health Access shows that the lawmakers who passed the abortion laws are out of step with their constituents, Burkhart said. 'We have had people coming in our doors each and every week that we've been open,' Burkhart said. 'If people who come from Republican states, or more traditional-leaning states, didn't approve of abortion, we would go out of business because people just wouldn't show up.' In the case about to be argued before the state Supreme Court, the same groups and women are suing over laws banning abortion that Wyoming has passed since 2022. They include the first explicit ban on medication abortions in the US. In November, a judge in Jackson ruled the bans violated a 2012 constitutional amendment guaranteeing the right of competent adults to make their own health care decisions. Even if the justices agree, Wellspring Health Access stands to suffer. Before the new laws, the clinic saw as many as 22 patients a day, 70% of whom were there for abortions: half surgical, half by pills. Now, Wellspring Health Access doesn't offer abortions and sees about five patients a day, all of whom are transgender people receiving hormone replacement therapy, according to the clinic. Twenty-three other states, including 14 that have not totally banned abortion, have passed requirements similar to Wyoming's that opponents call 'targeted regulation of abortion providers,' or TRAP, laws. Surgical center licensing and hospital admitting privileges are typical requirements, according to the Guttmacher Institute, a research group that advocates for abortion access. Few states have passed TRAP laws since the US Supreme Court overturned Roe v. Wade in 2022, but abortion remains an unsettled issue in several. A licensing law in Missouri stood to curtail abortions until it was blocked by a judge, pointed out Kimya Forouzan, state policy advisor for the Guttmacher Institute. 'They still have a major impact on the ability to provide care,' Forouzan said in an email. The Wyoming woman recently seeking a surgical abortion at Wellspring Health Access had to drive more than twice as far from her hometown, more than four hours each way, to have the procedure at the Planned Parenthood in Fort Collins, Colorado. 'Even though I support abortion fully, it's not something that I thought I personally would ever do,' the woman said, adding that Wellspring Health Access helped cover her costs. 'It was a humbling experience,' she said. 'It just gave me a lot more compassion for people who have experienced abortions as well as people who aren't able to take that route.'
CNN
13-04-2025
- Health
- CNN
New laws complicate Wyoming's abortion situation as bans set to be argued in state Supreme Court
When a Wyoming woman phoned the state's only abortion clinic recently to make an appointment to end her pregnancy, she received news that complicated her life even more. Wellspring Health Access had stopped providing abortions that same day, responding to a slew of new requirements for the Casper clinic to become a licensed surgical center. 'It was kind of really bad timing on my part,' said the woman, who declined to be named because of abortion's stigma in her community. Though abortion remains legal in Wyoming, it has become increasingly difficult because of new requirements for abortion clinics and women seeking abortions. In this case, the woman had to go to Colorado, which partially borders southern Wyoming. On Wednesday, the Wyoming Supreme Court is set to hear arguments over state abortion bans that a lower court judge has suspended and struck down as unconstitutional. But even if the state high court agrees with those rulings, access to abortion in Wyoming stands to remain uncertain. One new law targets Wellspring Health Access as Wyoming's only abortion clinic, requiring licensure as an outpatient surgical center at a cost of up to $500,000 in renovations, according to the clinic. The law also requires the clinic's physicians to get admitting privileges at a hospital within 10 miles. A hospital three blocks from the clinic is under no obligation to admit its doctors, however. 'This is an abortion ban without banning abortion,' said Julie Burkhart, founder and president of Wellspring Health Access. A second new law requires women to get ultrasounds at least 48 hours before a medication abortion, costing them $250 or more plus gas money and travel time in a state where ultrasounds are unavailable in many rural areas. The Wyoming Legislature is well within its rights to regulate abortion to protect women from even the small chance of an abortion mishap, argued an attorney for the state, John Woykovsky, at a recent court hearing on the new laws. In most cases, a transvaginal ultrasound is required to obtain a fetal image in the earliest stages of pregnancy, when most abortions are done. That invasiveness, especially for victims of rape and abuse, caused Gov. Mark Gordon, a Republican, to veto the ultrasound bill a few days after he signed the surgical center requirement into law Feb. 27. The Republican-dominated Legislature overrode his veto, leading Wellspring Health Access, the Wyoming abortion access advocate Chelsea's Fund and others to sue over it and the licensing law. Meanwhile, the legal uncertainty caused Wellspring Health Access, which opened in 2023 after an arson attack delayed the original date by almost a year, to halt both medication and surgical abortions. Several dozen abortion opponents attended a Tuesday hearing in Casper on whether to suspend the laws while the lawsuit moves ahead. If that happens, clinic abortions will resume, to the dismay of opponents, said Ross Schriftman, president of the local Wyoming Right to Life chapter. 'No inspections, no confirmation of whether the people committing the abortions are licensed doctors for Wyoming and no continuity of care to the hospital,' Schriftman said by email. A former Wyoming resident who, in 2017, got an abortion in neighboring Colorado, her closest option at the time, sympathized with rural Wyoming women seeking abortions now. 'God forbid it's the winter,' said Ciel Newman, who now lives in New Mexico. 'Wyoming's a huge, rural state without much interstate coverage.' The amount of business at Wellspring Health Access shows that the lawmakers who passed the abortion laws are out of step with their constituents, Burkhart said. 'We have had people coming in our doors each and every week that we've been open,' Burkhart said. 'If people who come from Republican states, or more traditional-leaning states, didn't approve of abortion, we would go out of business because people just wouldn't show up.' In the case about to be argued before the state Supreme Court, the same groups and women are suing over laws banning abortion that Wyoming has passed since 2022. They include the first explicit ban on medication abortions in the US. In November, a judge in Jackson ruled the bans violated a 2012 constitutional amendment guaranteeing the right of competent adults to make their own health care decisions. Even if the justices agree, Wellspring Health Access stands to suffer. Before the new laws, the clinic saw as many as 22 patients a day, 70% of whom were there for abortions: half surgical, half by pills. Now, Wellspring Health Access doesn't offer abortions and sees about five patients a day, all of whom are transgender people receiving hormone replacement therapy, according to the clinic. Twenty-three other states, including 14 that have not totally banned abortion, have passed requirements similar to Wyoming's that opponents call 'targeted regulation of abortion providers,' or TRAP, laws. Surgical center licensing and hospital admitting privileges are typical requirements, according to the Guttmacher Institute, a research group that advocates for abortion access. Few states have passed TRAP laws since the US Supreme Court overturned Roe v. Wade in 2022, but abortion remains an unsettled issue in several. A licensing law in Missouri stood to curtail abortions until it was blocked by a judge, pointed out Kimya Forouzan, state policy advisor for the Guttmacher Institute. 'They still have a major impact on the ability to provide care,' Forouzan said in an email. The Wyoming woman recently seeking a surgical abortion at Wellspring Health Access had to drive more than twice as far from her hometown, more than four hours each way, to have the procedure at the Planned Parenthood in Fort Collins, Colorado. 'Even though I support abortion fully, it's not something that I thought I personally would ever do,' the woman said, adding that Wellspring Health Access helped cover her costs. 'It was a humbling experience,' she said. 'It just gave me a lot more compassion for people who have experienced abortions as well as people who aren't able to take that route.'
Yahoo
13-04-2025
- Health
- Yahoo
New laws complicate Wyoming's abortion situation as bans set to be argued in state Supreme Court
CASPER, Wyo. (AP) — When a Wyoming woman phoned the state's only abortion clinic recently to make an appointment to end her pregnancy, she received news that complicated her life even more. Wellspring Health Access had stopped providing abortions that same day, responding to a slew of new requirements for the Casper clinic to become a licensed surgical center. 'It was kind of really bad timing on my part,' said the woman, who declined to be named because of abortion's stigma in her community. Though abortion remains legal in Wyoming, it has become increasingly difficult because of new requirements for abortion clinics and women seeking abortions. In this case, the woman had to go to Colorado, which partially borders southern Wyoming. On Wednesday, the Wyoming Supreme Court is set to hear arguments over state abortion bans that a lower court judge has suspended and struck down as unconstitutional. But even if the state high court agrees with those rulings, access to abortion in Wyoming stands to remain uncertain. New state laws make getting abortions much harder One new law targets Wellspring Health Access as Wyoming's only abortion clinic, requiring licensure as an outpatient surgical center at a cost of up to $500,000 in renovations, according to the clinic. The law also requires the clinic's physicians to get admitting privileges at a hospital within 10 miles (16 kilometers). A hospital three blocks from the clinic is under no obligation to admit its doctors, however. 'This is an abortion ban without banning abortion,' said Julie Burkhart, founder and president of Wellspring Health Access. A second new law requires women to get ultrasounds at least 48 hours before a medication abortion, costing them $250 or more plus gas money and travel time in a state where ultrasounds are unavailable in many rural areas. The Wyoming Legislature is well within its rights to regulate abortion to protect women from even the small chance of an abortion mishap, argued an attorney for the state, John Woykovsky, at a recent court hearing on the new laws. Unsettled abortion laws have far-reaching effects In most cases, a transvaginal ultrasound is required to obtain a fetal image in the earliest stages of pregnancy, when most abortions are done. That invasiveness, especially for victims of rape and abuse, caused Gov. Mark Gordon, a Republican, to veto the ultrasound bill a few days after he signed the surgical center requirement into law Feb. 27. The Republican-dominated Legislature overrode his veto, leading Wellspring Health Access, the Wyoming abortion access advocate Chelsea's Fund and others to sue over it and the licensing law. Meanwhile, the legal uncertainty caused Wellspring Health Access, which opened in 2023 after an arson attack delayed the original date by almost a year, to halt both medication and surgical abortions. Several dozen abortion opponents attended a Tuesday hearing in Casper on whether to suspend the laws while the lawsuit moves ahead. If that happens, clinic abortions will resume, to the dismay of opponents, said Ross Schriftman, president of the local Wyoming Right to Life chapter. 'No inspections, no confirmation of whether the people committing the abortions are licensed doctors for Wyoming and no continuity of care to the hospital,' Schriftman said by email. Abortion proponents claim support among Wyoming women A former Wyoming resident who, in 2017, got an abortion in neighboring Colorado, her closest option at the time, sympathized with rural Wyoming women seeking abortions now. 'God forbid it's the winter,' said Ciel Newman, who now lives in New Mexico. 'Wyoming's a huge, rural state without much interstate coverage.' The amount of business at Wellspring Health Access shows that the lawmakers who passed the abortion laws are out of step with their constituents, Burkhart said. 'We have had people coming in our doors each and every week that we've been open,' Burkhart said. "If people who come from Republican states, or more traditional-leaning states, didn't approve of abortion, we would go out of business because people just wouldn't show up.' Is abortion access a Wyoming health care right? In the case about to be argued before the state Supreme Court, the same groups and women are suing over laws banning abortion that Wyoming has passed since 2022. They include the first explicit ban on medication abortions in the U.S. In November, a judge in Jackson ruled the bans violated a 2012 constitutional amendment guaranteeing the right of competent adults to make their own health care decisions. Even if the justices agree, Wellspring Health Access stands to suffer. Before the new laws, the clinic saw as many as 22 patients a day, 70% of whom were there for abortions: half surgical, half by pills. Now, Wellspring Health Access doesn't offer abortions and sees about five patients a day, all of whom are transgender people receiving hormone replacement therapy, according to the clinic. Twenty-three other states, including 14 that have not totally banned abortion, have passed requirements similar to Wyoming's that opponents call 'targeted regulation of abortion providers,' or TRAP, laws. Surgical center licensing and hospital admitting privileges are typical requirements, according to the Guttmacher Institute, a research group that advocates for abortion access. Few states have passed TRAP laws since the U.S. Supreme Court overturned Roe v. Wade in 2022, but abortion remains an unsettled issue in several. A licensing law in Missouri stood to curtail abortions until it was blocked by a judge, pointed out Kimya Forouzan, state policy advisor for the Guttmacher Institute. 'They still have a major impact on the ability to provide care," Forouzan said in an email. An even longer drive to get an abortion The Wyoming woman recently seeking a surgical abortion at Wellspring Health Access had to drive more than twice as far from her hometown, more than four hours each way, to have the procedure at the Planned Parenthood in Fort Collins, Colorado. 'Even though I support abortion fully, it's not something that I thought I personally would ever do,' the woman said, adding that Wellspring Health Access helped cover her costs. 'It was a humbling experience,' she said. 'It just gave me a lot more compassion for people who have experienced abortions as well as people who aren't able to take that route.'
