Martin's Cove deal calls for signs differentiating land ownership, no proselytizing on BLM land, lawyer says

Church, group near settlement

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The individuals and organization that sued the federal government - which was joined by the Mormon church - over the management lease agreement of the Martin's Cove area are in the final stages of a settlement, their attorneys said Thursday.

"It looks like it will be resolved to everybody's satisfaction," said church attorney Mike Sullivan of Casper, who declined further comment.

Martin's Cove is considered a significant historical site by the LDS Church because about 200 Mormon handcart settlers died in a blizzard there in October 1856.

The settlement will include a requirement that signs clearly identify the land owned by the Bureau of Land Management and the land owned by the Church of Jesus Christ of Latter-day Saints, said Megan Hayes, an attorney from Laramie for the four Wyoming residents and the Western Land Exchange Project who filed the lawsuit in March 2005.

It also will require that those affiliated with the church stop proselytizing while on the federal property, Hayes said.

The church and her clients have signed off with the agreement and are awaiting the final paperwork from the federal government, she said.

Assistant U.S. Attorney Carol Statkus represents the U.S. Department of Interior and the BLM and said she could not comment on the details until the settlement is finalized.

"The parties are working on this informal resolution," Statkus said.

The settlement means the lawsuit will not go to trial.

Four Wyoming residents and the Wyoming Land Exchange Project sued the Department of Interior and the BLM for an injunction to block the 25-year lease agreement with the church signed in October 2004, according to the complaint filed by Hayes and the American Civil Liberties Union on March 9, 2005.

Hayes' clients said the area has national significance in addition to the tragedy along the Mormon Trail. The Pony Express, Oregon and California trails also share the area.

In June, the church joined the case on behalf of the federal government, and both denied the plaintiffs' claims.

The church says that it has invested heavily to make the area accessible to visitors, including buying the Tom Sun Ranch and building a visitor center on the site.

The case had been set for a bench trial before U.S. District Judge Alan Johnson on March 20. But on Feb. 9, the three parties told U.S. Magistrate William Beaman they were working on a settlement scheduled for completion a month later.

In an order filed on Feb. 15, Beaman outlined the arguments.

"Plaintiffs assert that visitors to Martin's Cove are subject to pervasive LDS Church logos, receive guided tours which interject spiritual interpretations of the area's historical significance, and are proselytized during their visit," Beaman wrote.

The government and church have denied these claims and argued that the federal court lacked jurisdiction and the plaintiffs lacked standing, among other defenses, Beaman wrote.

The parties were working on the settlement and it may be reached in four weeks, he wrote.

"The agreement to settle is without prejudice to renew this litigation."

However, nothing had been filed by April 6, so the federal court clerk's office announced it would reset the case for trial.

That wasn't necessary because the church and plaintiffs have agreed to resolve their issues, Hayes said.

Reporter Tom Morton can be reached at (307) 266-0592, or at Tom.Morton@casperstartribune.net.

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