Some residents told the Town Council they’d rather face a lawsuit than budge on zoning laws.

The battle between Fairview and the Church of Jesus Christ of Latter-day Saints, widely known as the Mormon church, continued this week as a new, compromised proposal for the McKinney Texas Temple went to the public for discussion.

Comments from Fairview residents at Tuesday’s Town Council meeting show the fight is far from over. While some were grateful the town negotiated the church’s requested temple down, opposition in green “Fairview United” T-shirts expressed dissatisfaction with the concessions made under threat of a lawsuit from the church, according to town officials.

“I thought y’all were going to be a hero, not only for the residents of Fairview, but for others who have been trampled on by the LDS,” said Fairview resident Alycia Kuehne to the Town Council at Tuesday’s meeting. “Y’all were so fearful about a lawsuit. I say, bring it.”

Residents in the town of nearly 11,000 people about 30 miles north of Dallas have fought for months against the proposed temple, which originally was a 43,200 square-foot building, 65 feet tall with a spire reaching almost 174 feet.

Fairview Mayor Henry Lessner, left, and Larry Little, council member, are seen during a town council meeting at Fairview Town Hall, Tuesday, Dec. 3, 2024, in Fairview, regarding the non-binding settlement agreement with the Church of Jesus Christ of Latter-day Saints.

(Chitose Suzuki / Staff Photographer)

The temple is planned for a lot next to an existing meetinghouse in the town, which falls under residential-area zoning restrictions that state buildings can have a maximum height of 35 feet. If built, the original temple would have been the tallest building in the town.

The Town Council denied a permit request for the temple in August after months of debate. Those opposed said the building would be out of place in the town, while church members said the space is needed to accommodate a growing congregation.

Last month, Fairview and church leaders reached an initial compromise after mediation to help avoid legal action. The non-binding settlement reduces the temple’s height by around 50 feet and its size by 13,000 square feet.

The new proposal is a one-story, 35-foot building just under 30‚000 square feet. A tower coming up from the main structure reaches 120 feet, according to statements from the mayor at Tuesday’s meeting. A “lightning rod” reaches from the top.

Fairview resident Alycia Kuehne, right ,listens during a town council meeting at Fairview Town Hall, Tuesday, Dec. 3, 2024, in Fairview, regarding the non-binding settlement agreement with the Church of Jesus Christ of Latter-day Saints.

(Chitose Suzuki / Staff Photographer)

After mediation, the council’s next step was to hear public feedback. Fairview’s town hall filled with close to 60 people Tuesday night to discuss the compromise, including members of the opposition group “Fairview United,” church representatives and church members.

Over an hour, more than a dozen spoke out against the proposed compromise. Church representatives did not speak publicly in the discussion.

Many expressed concerns the structure is still too tall at 120 feet and asked why the church wouldn’t consider building in a commercial area. Several people asked the council not to end negotiations at this settlement, which is non-binding.

Residents also expressed concerns that allowing a tall building would set a precedent for other religious institutions ignore the town’s zoning laws in the name of religious freedom.

“If this was approved ... does that become the new standard for the next church that comes in?” Fairview resident Rick Dunham asked at the meeting. “If we keep sliding the marker, pretty soon we no longer have ordinances that we can enforce.”

Some Fairview residents said they would not support the compromised plan through the next steps in the process. The church plans to return to the town’s planning and zoning committee in February, according to the settlement. The proposal would then return to the council for final approval, likely in March.

“We are grateful for the positive, productive discussions, including the council’s thoughtful comments about the parties’ respective positions,” Melissa McKneely, communications director for The Church of Jesus Christ of Latter-day Saints in Dallas, said in a statement. “We look forward to presenting a formal proposal in the coming months.”

Fairview resident Rick Dunham speaks during a town council meeting at Fairview Town Hall, Tuesday, Dec. 3, 2024, in Fairview, regarding the non-binding settlement agreement with the Church of Jesus Christ of Latter-day Saints.(Chitose Suzuki / Staff Photographer)

Town Attorney Clark McCoy said at Tuesday’s meeting the church told town officials they would pursue legal action against Fairview, likely under the federal Religious Land Use And Institutionalized Persons Act, which is meant to protect religious institutions from discrimination in zoning laws, or the Texas Religious Freedom and Restoration Act.

In October, the Town Council announced a Zoning Defense Fund to collect donations to protect from potential litigation from the church.

Fairview Mayor Henry Lessner emphasized at the meeting it’s not the religion the council has taken issue with — it’s the size of the proposed building.

Mayor Pro Tem John Hubbard said at Tuesday’s meeting the church is using religious freedom laws as “a sword instead of a shield.” There’s a lot to lose in a legal battle with the church, he said of one of the wealthiest religious institutions in the world.

Legal fees could cost millions of dollars, which would come from the town’s reserves, according to town officials. The town may have to cut services or damage their credit to pay, officials said. McCoy said if the town lost such a lawsuit, a judge could order them to accept the church’s original temple design.

“One of the concerns that we all struggled with was would we be good stewards of the town’s money if we went to court?” Hubbard asked at the meeting.

Some said a lawsuit is worth it to stand up to the church and protect the town’s zoning laws.

“We need to defend ourselves against this Goliath,” Fairview resident Richard Hevey said at Tuesday’s meeting. “We have rules. They need to live by them. We do, they need to, and if they don’t like it, we’ll go to court. I think we can win.”

The Town Council did not take any action Tuesday night but expects to hear the church’s new proposal in the spring.

Lessner said after the meeting the negotiation is “just the first inning.” He hopes the church leaders heard residents' concerns and will keep them in mind when they come to the town’s planning and zoning committee next year.

“To be good neighbors, they need to come in and do something that’s acceptable to the town without us operating under the threat of a major lawsuit,” Lessner said. “I don’t think it’s over yet. ... It’s kind of in their court to make a change. We will see.”