Tipi Retreat owners file lawsuit naming county commissioners as defendants

The Tipi Retreat LLC, Michele and Michael Stevens, plaintiffs, through counsel Hathaway & Kunz LLP, filed a Complaint for Declaratory Judgment, Injunctive Relief, and Petition for Judicial Review against defendant, Hot Springs County Board of County Commissioners, a Wyoming governmental entity. The suit was filed with the Hot Springs County Fifth Judicial District Court on January 19.

The Stevens’ are challenging the decision made by the county commissioners to not approve a request for a land use change from agricultural to commercial. The plaintiffs claim infringement upon their constitutionally protected property rights. Michael Stevens had originally applied for a bed-and-breakfast permit. He was later advised that the Planning Commission would require a land use change from agriculture to commercial for the Tipi Retreat development.

The complaint refers to Wyoming Statute 9-8-301, which describes governing land use planning at the local level. The filing highlights a newly added subsection that discusses land use plans may guide local governments in adopting or amending local zoning regulations. The complaint additionally refers to Wyoming Statute 18-5-201, which discusses local land use plans and local zoning regulations in further detail.

In the complaint, the plaintiffs accuse the defendants of “knowingly exceeding their authority and acting in direct violation of Wyoming law by attempting to require plaintiff’s to comply with the LUP (Land Use Plan).”

A timeline of key events and correspondences between the parties, included as exhibits in court documents, include:

May 14, 2021: Hot Springs County Planner Bo Bowman sent a letter to landowner William Glover stating, “It has just come to our attention that you have established the “Tipi Retreat” on your property, and are now renting several teepees as short-term lodging. This letter is to inform you that such activity outside of a commercial area requires a permit from Hot Springs County.”

May 18, 2021: Michael Stevens, developer of the Tipi Retreat, submitted a Hot Springs County Development Permit Application with the type of application as “Other: Bed and Breakfast.” The application states the proposed development as “Rustic tipi camping - 10 to 12 teepees on platforms, in the SE corner of property, with portable toilets at driveway.” 

May 21, 2021: Bowman sent a letter to developer Michael Stevens based upon their prior conversation and discussed the county’s review process. Some of the major steps involved include: letters are mailed to adjoining property owners, advising them of the application and inviting their comments; a public notice for the Land Use Planning Commission (LUPC) that runs twice in the newspaper; a public hearing with the LUPC; a public notice for the County Commissioners, also ran twice; and a public hearing with the commissioners. 

June 25, 2021: Bowman sent letters to area residents to inform them that Stevens had requested a land use change from agricultural to commercial, for approximately 10 acres, to allow a 12-unit tent (tipi) campground.

November 9, 2021: Bowman sent a Cease and Desist letter to the Stevens. The letter states, “It has been Hot Springs County’s informal policy in the past to allow nonconforming activities to proceed while their application is going through the application process. Thus, you were allowed to proceed with renting up to four teepees. Since that time, however, based upon recent legal advice, the county has changed that policy. Applicants for non-conforming uses are now instructed that they cannot continue that use or activity until it has been formally permitted.” 

Bowman continued in the letter and said, “Our land use permitting process typically takes eight to ten weeks, and your proposed Land Use Classification change to allow the tipi campground was tabled to await the outcome of a legal review. This resulted in a lengthy delay, during which you have been allowed to continue operating.”

Bowman added in the letter, “Your tabled application for a land use change is expected to return to a County Commissioners’ agenda in the very near future. However, this letter is to inform you that all commercial campground operations must cease at once. It may resume when and if the County has approved your request. I would advise you to cease advertising, taking reservations, and renting teepees until you have an approved project.”

November 23, 2021: Bowman sent a second Cease and Desist letter to the Stevens that explains enforcement and penalties for operating the business when it does not have a permit.

December 8, 2021: A public hearing notice for the Stevens was sent to the Independent Record and ran as a legal notice in the December 16 issue.

December 21, 2021: Following the public hearing, the Hot Springs County Commissioners Tom Ryan, Jack Baird, and Phil Scheel voted unanimously to deny the Stevens’ request for a Land Use Change from agricultural to commercial. 

December 23, 2021: Bowman sent a formal letter to the Stevens notifying them of the commissioners’ decision to deny. The letter states, “As you are aware, on December 21, 2021 the Hot Springs County Board of County Commissioners voted unanimously to deny your request for a Land Use Change from the Agricultural category to the Commercial category, to allow a 12-unit tipi campground at 492/501 Coyote Run.”

Bowman continued in the letter and said, “I will note that the County Commissioners complimented your innovative concept, and encouraged you to seek a location without the access and safety concerns of the Glover property. I believe they would also join me in wishing you success with your other commercial ventures in the community.”

January 19, 2022: The Stevens filed a lawsuit against the Hot Springs County Commissioners. The plaintiffs are petitioning for judicial review and ask the court to reverse the board’s decision to prohibit their land use. 

Michael Stevens and the Hot Springs County Commissioners were contacted for comment on this issue, however, they both declined due to pending litigation.