Pogue made the grave marker to honor his late wife. It was created from cement reinforced with rebar, stands 69 inches tall at its highest point, and weighs 2100 pounds.

According to Moroni mayor Paul Bailey, changes were made to the city ordinance in July that requires all markers to be no more than 36 inches tall. At 69 inches, Pogue’s marker was nearly double the height allowed by the new ordinance.

According to Pogue, he contacted the city officials around two-and-a-half years ago with details of the monument he wanted to build for his wife. Pogue earlier told The Pyramid that at that time he contacted the city sextant about his plans and that he was not told that there would be any problems.

Bailey, on the other hand, said that none of the city officials or council members were even aware of Pogue’s plans to place the stone when the changes to the ordinance was made. The changes included a stipulation that limits the size of new grave markers to a height of 36 inches tall.

Pogue created his wife’s memorial over the course of 2 years. It is deeply symbolic for him, with two tree trunks that represent himself and his late wife flanking a bench made to look like red rock. The tree trunks are carved with their initials and there are limbs representing their children, also carved.

Pogue told the council that the monument is a reminder of the continuance of family and hopes his grandchildren and great grandchildren can visit it in remembrance of their ancestors. People who see that monument for the first time are astounded by its beauty, and most consider it a work of art.

Members of the Moroni City Council agreed with this sentiment. However they said the issue was not one of aesthetics, but rather one of compliance to the existing ordinance. Bailey told They Pyramid that he had talked to multiple people about Pogue’s claim that he had informed the city of his plans to build the stone. “From everyone I talked to, he never said anything to anyone,” the mayor said.

Bailey also said that even if Pogue had spoken with the sextant of the cemetery what was said would mean very little. The sextant is a contracted position. “He doesn’t represent the city in any official way.”

The City Council told Pogue that giving a variance for one person means they must give variances for everyone. Since ordinances are made for the public welfare of the citizens, making an exception sets a precedent. Councilman Craig Draper stated that “we have a responsibility to the citizens” to maintain all ordinances, not just this one.

Besides the overall size of the monument, City Council members also took issue with several other parts of Pogue’s plan: the placing and moving of the monument, the footing for the monument, the integrity of the cement in the monument and its maintenance. The Moroni City Council ultimately denied Roy Pogue’s request for a variance, meaning the grave marker will not be allowed in the Moroni City Cemetery.

Pogue says he is considering his options, including moving his wife’s remains to another resting place where he can place the grave marker, and says he will consult with his children before deciding.