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County schedules rehearing on land‑use denial after retreat operator seeks remedy; commissioners limit outside legal spending
Summary
Representatives of the retreat appealed the county’s 2021 land‑use denial and asked the Board of County Commissioners for a remedy and a rehearing; the board scheduled a public rehearing for Feb. 4, 2025 and adopted a motion requiring prior board approval for any future outside legal expenses in the case.
Representatives for the entity referred to in the meeting as the TP Retreat told the Hot Springs County Board of County Commissioners on Jan. 7 that they would prefer to resolve a multi‑year land‑use dispute locally and requested a rehearing and an opportunity for “remedy” required under the county land‑use plan.
“Therefore, we respectfully request the board, 1, grant us the opportunity for remedy that should have been provided in 2021. 2, schedule a rehearing of our land use plan change request during the Feb. 4, 2025 commission meeting,” said a spokesperson identified in the transcript as Michelle (last name recorded as Stevens in the speaker’s remarks).
The retreat representatives also said they had filed a notice of appeal with the Wyoming Supreme Court on Dec. 27, 2024 but preferred a local resolution. They urged the commissioners to consider dropping further litigation to avoid taxpayer costs and community division.
Commission action and vote: After discussion the board moved to schedule a public rehearing on Feb. 4, 2025 to allow required public notice and the opportunity for remedy under the land‑use plan. The motion carried on a voice vote with commissioners answering “aye.”
The board also approved a second motion to require that any future outside legal expenses related to the matter (outside the county attorney’s office) receive prior approval from the Hot Springs County Board of Commissioners before services are rendered. The board noted county legal expenditures to date: $167,670.24 had been billed to the Bartholomew Law Firm as of Jan. 6, 2025.
Why it matters: Retreat representatives argued the county failed to provide required findings and an opportunity for remedy when the board issued a cease‑and‑desist and denied the land use change in December 2021. A district court judge later found two of three claims arbitrary and capricious; the parties are now in appellate posture but agreed to explore a local settlement. Commissioners said they need time to review materials, confer with county counsel and ensure the hearing follows statutory and procedural notice requirements.
Process notes: Commissioners emphasized that scheduling a rehearing does not foreclose other legal options; it establishes a local forum to consider remedy and allow the public process to proceed. Commissioners also discussed potential financial risk if appeals continue; the board acknowledged the possibility of damages or additional legal exposure depending on higher court rulings.
Ending: County staff will coordinate public‑notice timelines, ensure the county planner and county attorney receive materials in advance, and place the rehearing on the Feb. 4, 2025 meeting agenda.
