Las Vegas church, golf group and HOAs join ‘non-functional’ grass lawsuit

For some 40 years, churchgoers at Our Lady of Victory Catholic Church have enjoyed a grassy oasis tucked off Windmill Lane in southeast Las Vegas. The towering trees and green grass keep them cool in blazing summers.

The longevity of those peaceful gardens came into question last year when the Southern Nevada Water Authority sent church leaders a letter, insisting their grass was “non-functional” and must be removed before a law takes effect in 2027.

“We understand there’s a water issue going on here, but you just can’t broad-brush something and put everybody in a certain category,” said Paul Clay, a 64-year-old parishioner. “And that’s exactly what they did.”

The church is perhaps the most unique plaintiff to join a high-profile lawsuit against the water authority’s enforcement of the state law. It is meant to rein in turfgrass irrigation — the single-largest use of water from Lake Mead that cannot be captured and recycled through Southern Nevada’s robust wastewater purification and delivery systems.

When the law took effect, the water authority convened a committee that determined what grass would be considered illegal to water at the start of next year. Ever since, agency staff have undertaken an ambitious effort to map what must go.

That included the church’s green grounds. Church coordinator Phil Pador, 48, said what ensued was a confusing waiver process where there wasn’t an option to identify the church; Pador said he selected the commercial golf course option.

The agency granted the waiver, except for two plots measuring 497 and 337 square feet, which, despite being far from the main road, are within 10 feet of the parking lot. Pador said the grass in front of the church is where some will kneel or sit to acknowledge the tabernacle, an ornate gold box inside the building that holds the Eucharist used for communion.

A legal complaint contends that removal of that grass could kill trees and hinder “outdoor religious worship, religious observances, and community gatherings, which have been longstanding and meaningful to the congregation.”

Lawsuit removed to federal court — for now

After the Nevada Supreme Court denied the water authority’s request to dismiss the existing lawsuit and prevent the addition of new plaintiffs such as the church, attorneys are seeking to certify a class-action lawsuit that could allow many more individuals, businesses and homeowners associations to sign on.

The HOAs that have signed on include Sun City Summerlin, The Vineyards, Spanish Trail, The Carmels at Spanish Trail, Gardens at Spanish Trail, Innisbrook at Spanish Trail, Islands at Spanish Trail and The Links at Spanish Trail. The Silver State Golf Industry Alliance, representing many Southern Nevada golf courses, is a plaintiff, too.

The addition of businesses and HOAs could see the case wade into more far-reaching, tangible impacts for the Las Vegas Valley. If a judge grants an injunction, it could now apply to as many as 10,000 homes and common areas, attorneys said.

On April 27, the water authority’s attempt to move the case to federal court was successful. Its attorneys argued the newest complaint’s mention of the 14th Amendment — the foundational guarantee of equal protection and due process under the law — meant that the case is now outside of state court purview.

“Put simply, the Amended Complaint presents a federal question on its face sufficient to support removal to this Court,” water authority attorneys wrote.

Sam Castor, a lawyer representing the church and other plaintiffs, said in an interview on April 29 that he intends to protest that decision. Castor said he sees it as another desperate attempt to stall and defeat the lawsuit.

“It delayed everything,” Castor said, adding that he believes a federal judge will likely kick the case back to state court. “They’re just trying to get rid of the last amounts of grass while they bully and scare people.”

‘Wants of the few’

Water authority spokesman Bronson Mack said no decision has been made about what a penalty structure may look like if businesses and HOAs don’t comply by 2027.

Mack said in a statement that the agency is aware tree canopy is declining throughout the region. He attributes that to “unprecedented levels of extreme heat,” which can be lethal to a tree even if it has grass underneath it.

A water authority study presented in 2019 predicted that by 2025, the Las Vegas Valley would be too hot for 16 percent of the 100 most common plant species used in landscape conversions to survive. The agency said then that by 2055, elevated temperatures would kill about 38 percent of those plants.

The community must come together to build a more resilient landscape in the face of those challenges, Mack said.

“This lawsuit is really about the wants of the few against the needs of the many,” Mack said.

Contact Alan Halaly at ahalaly@reviewjournal.com. Follow @AlanHalaly on X.