LAS VEGAS (KLAS) — Las Vegas residents on horseback pulled out their next option to block the construction of a recently approved religious temple—appealing the vote to the district court.
Residents stood near the approved site of a new yet-to-be-constructed temple for the Church of Jesus Christ of Latter-Day Saints on Friday, Aug. 16, seeking to further clarify legal action taken by a newly formed non-profit group, the Nevada Rural Preservation Alliance.
According to Evan Schwab, an attorney representing the group in a new legal action, the non-profit was established a few months ago and advocates for homeowners and neighbors in rural Nevada communities.
Sue Kristensen and Sandra Reed, spoke on behalf of the group assembled and advocated for their appeal to a district court.
“The city of Las Vegas made a zoning change that not only ignores the law but violates the Interlocal Agreement,” Kristensen said. “It affects the rural area negatively by their decision to do this.”
The Interlocal Agreement, created on Jan. 2, 2002, was set as a long-term plan to protect the area from higher-density urban planning. The agreement has several restrictions which include a 35 ft. height limit and restrictions to not develop a single unit above two acres.
The unanimously approved LDS temple project was amended to have a height of 196 ft., initially 216 ft., and around 70,000 square ft. of developed space. The project is planned to have a main temple, meeting house, parking lot, and recreational space.
Seth Floyd, City of Las Vegas Director of Community Development, previously disputed the Interlocal Agreement’s relation to the LDS temple project in connection to a previous staff report, noting the religious building is considered a civic use.
“What I think is important that’s left out here though, is it doesn’t address churches or houses of worship,” he said. “Because it’s silent on that, [that’s] the way that we have always interpreted that.”
Reed denied the city staff’s interpretation of the Interlocal Agreement and pressed for the decision to be put in front of a district judge.
“If it says something shall remain residential, that’s how it has to stay,” she said. “The Clark County Commission and the Las Vegas City Council never met to change that inter-local agreement at any time, and it is still in place until 2026.”
Residents argued in their legal action the LDS Temple should not be considered “civic use” (CV) since only certain members of the church are allowed to go into the innermost parts of the property.
“The CV addresses public and quasi-public buildings which means people can use them,” Reed said. “The way that the temple and the development are going to be is it’s not public, it’s private.”
Although some parts of the temple property are not available to non-members of the LDS Church most of the nearly 20-acre property is available to the public, according to the applicant’s documents.
The legal action also argues residents were not notified properly and in time of meeting on the LDS temple proposal, by city officials. City of Las Vegas internal emails obtained by 8 News Now show city staff disputed residents’ claims.
Residents previously cited possible disruption from a mailbox key theft in the area.
“They were also supposed to update the sign and post it in every corner, every sign, every five acres,” Reed said. “There was no sign posted for the July 17 meeting.”
The City of Las Vegas declined to comment on this story citing the city’s practice not to comment on pending or ongoing litigation.
Representatives of the LDS Church were notified of this story and allowed to respond and were told the legal action did not target them but instead the City of Las Vegas. A statement has not since been provided.
Legal, but is it impartial?
Documents obtained by 8 News Now show financial contributions made to several city council members over the course of a year from the firm, Kaempfer Crowell, which represents many clients including the LDS Church.
No documents appeared to show any connection between direct contribution and the direct outcome of the vote. 8 News Now also obtained emails from a city council member regarding the LDS temple vote and no communication showed a connection to a vote from a contribution.
However, the Nevada Rural Preservation Alliance alleged that $70,000 in individual campaign contributions to city council members is another reason to question the vote.
8 News Now asked residents to explain why they felt it necessary to list $70,000 in donations made to city council members from the firm that represented the LDS Church, a process that is legally allowed.
“You are right, it’s not illegal,” Reed said. “But why didn’t they disclose it at the meetings, because it doesn’t make them look like they’re impartial.”
Members of the Las Vegas Planning Commission and some voting members on the city council were not listed in the legal action as receiving contributions from Kaempfer Crowell. Both the planning commission and city council made unanimous votes approving the LDS temple proposal.
The Templeton case
Documents show Las Vegas city staff previously denied the last proposal for the site in the Lone Mountain neighborhood—based on size and conflict with the Interlocal Agreement.
On June 3, 2019, the previous property owner, Kris Templeton, filed an application to change the zoning of the property to residential with the plan to build 61 homes.
Twenty days later city staff advised the city council to deny Templeton’s request citing several issues and conflicts.
“[Area] must remain residential and designated at a density of no greater than 2.0 Units per Gross Acre on the respective comprehensive plans,” staff wrote. “The proposed lot sizes are not compliant with the Interlocal Agreement and staff is recommending denial of the Rezoning request.”
Reed pointed to the Templeton case as being the same issue and said she was confused as to why city staff went back on an agreement, which they appeared to acknowledge five years ago applied to the same property.
“It doesn’t make sense to me,” she said. “Now the rules don’t apply?”
