Burns community members say they're ashamed of their town council
Oct. 12—CORRECTION — The original version of this story failed to include the newest name of the restaurant formerly called The Rustic Diner. It also mistakenly said The Rustic Plate was the newer of the two eateries.
BURNS — Allegations of broken promises, lies and miscommunication have sewn controversy in this small Wyoming town and plunged it into a legal battle.
For newcomers to the area, the town of Burns is about 30 miles east of Cheyenne. Main Street, the only paved road in town, is lined with vintage lamp posts and runs through all four blocks of the community, which is home to about 300 people, one football field and one small branch library.
For now, it has two restaurants.
RD Bar & Grill, formerly known as The Rustic Diner, is located in the same town-owned building as the Burns Town Hall. That business is owned by Town Council member Joe Nicholson.
The Rustic Plate, which opened before RD Bar & Grill, is located down the street in a building also owned by the town. Burns Town Council members recently voted to evict the restaurant in a unanimous decision that was moved by Mayor James Clark and seconded by Nicholson.
"I am ashamed at what happened," said former Burns Town Council member Janice Gray during the public comment period of Monday's Town Council meeting. After being interrupted by a roar of supportive applause, she continued, "I don't recall one time that this kind of decision was ever made. You would think you'd want this little town to grow. If we don't have our schools, if we don't have our business, what do we have in this town? We don't have anything. You ought to be ashamed."
More than 50 people filled every chair in the council meeting room and forced some to stand.
They came out in support of The Rustic Plate owner Ashley Osterman. People gave emotional speeches while holding back tears and questioned the Town Council members on their leadership and decision-making.
The largest concern expressed by residents: Nicholson's conflict of interest.
Nicholson did not recuse himself from the initial decision to evict the only competition in town. Town attorney Greg Hacker said it was justified.
"Especially in light of the fact it was an effectively symbolic motion to proceed forward with what the town already had a right and obligation to do," Hacker said during Monday's meeting.
Nicholson said he feels the council has made the correct decision. When asked whether he believes he has any conflict of interest in the decision, he told the Wyoming Tribune Eagle he does not.
"Whether or not she's in business does not guarantee that money is put in my pocket, Nicholson said Wednesday. "My business is not based off of her business."
Regardless, those in attendance still protested his involvement in the decision.
"I don't know how anybody can read the minutes and see the only competition that The Rustic Plate has in town seconding the motion not as a conflict of interest," said Burns resident Nick Dennis. "I thought it was just a prank. How is it not something that should be a red flag?"
Dennis is not alone in this concern. Others expressed their worries about how the council has handled this situation and others in the past.
"When this town has a reputation for trying to shut things down, it's pretty sad," said Burns resident Anna Tribby.
Residents recounted stories of other businesses that have been forced out of town, restricting development and keeping Nicholson as the only vendor in town.
Those offering public comment were also encouraged by the mayor to say where they were from before speaking.
"All I'm really interested in is that you're not a resident of the town of Burns," he said to one speaker who was from the next town a few miles down the road.
Though not required by law to state one's residence, this fostered an atmosphere where people felt they had to justify their opinion through their connections to the town. But many of the attendees were from the surrounding community who travel to Burns for work, school or entertainment.
Laramie County Commissioner Linda Heath was also in attendance, and expressed her opinion that not supporting The Rustic Plate is just bad business.
"We need our economic development in Laramie County — in eastern Laramie County, to employ eastern Laramie County residents so you don't have to drive to Cheyenne for a job. We need businesses in Burns, in Albin and Pine [Bluffs]," she said. "I want to show up here. I want to see the businesses grow. Not only will that help the community and the residents, but it'll also help your tax base."
The restaurant employs around 10 people, which is a significant portion of the population in a town the size of Burns. But Town Council members said they were left with no other decision than to evict the restaurant.
It's all rooted in a contract dispute.
The town of Burns was given the land where The Rustic Plate stands on Main Street today by the Masonic Lodge decades ago. When that land was given, a restrictive covenant was included in the contract that any building there must be used as a community center.
This means that the town may rent the building out to the public at any time, and the loss of wages or revenue is Osterman's responsibility, along with the added liability for her equipment and supplies.
Osterman said she was informed by Mayor Clark in May 2022 that the Masonic Lodge had agreed to remove that clause from the contract, and that she would be given a new lease agreement from the town, one month after the restaurant opened.
However, Clark told the Wyoming Tribune Eagle that, due to a postal issue, he didn't even know that the Masonic Lodge had agreed to remove that clause until May of this year.
The Masonic Lodge has not yet officially removed the clause from the contract, which puts the situation in a stalemate, Hacker said.
"The town is not able to just waive that use. There are legal requirements that the town must follow."
Masonic Lodge officials didn't return calls for comment before press time.
Osterman refused to sign the new contract that was offered to her by the town because it still contained the restrictive covenant that she was promised would be removed.
The Town Council discussed the situation at meetings before a decision was made. They claim to have invited Osterman to all meetings.
A mother of three children who owns two businesses and has two jobs, Osterman said scheduling conflicts made it difficult for her to attend the meeting she was invited to and claims she never received invitations to the other meetings. Instead, she sent an email explaining her situation to the council and received confirmation from Mayor Clark that he got the email.
The email was not discussed at the meeting, and Clark told the Wyoming Tribune Eagle that he did not know about the email.
"The number one job of a council person and number one job of the mayor is to put the needs and wants of the town first," Nicholson told the WTE. "And whether or not that is seen by everybody at the time or seen by everybody after the fact, it is the job."
While the town calls for transparency on the situation, the council will not be able to release more information until the current legal proceedings are resolved, officials said, leaving residents in the dark.
Burns filed Notice to Quit last week, but Osterman has refused to comply per the advice of her lawyer.
On her business's Facebook page Tuesday, Osterman offered thanks for the show of support the night before.
"It did restore a bit of my faith that this town is everything I have always thought it was, a community of standup people that just want what is best for where we live and are stepping up to ensure that happens, and can decipher right from wrong with facts regardless of the parties involved," she wrote. "After a super rough couple of weeks, this has rejuvenated my drive to continue to do the absolute best that I can for this amazing place that we call home."
Noah Zahn is the Wyoming Tribune Eagle's local government/business reporter. He can be reached at 307-633-3128 or nzahn@wyomingnews.com. Follow him on X @NoahZahnn.
