Posted on: Saturday, August 31, 2002
Maui church asks county to clarify worship ban
By Curtis Lum
Advertiser Staff Writer
In the wake of a federal judge's ruling rejecting its request for a court order, a Maui church is asking the Maui County government to clarify whether parishioners are allowed to worship on a parcel of land in Kula.
Hale O Kaula purchased the 6-acre parcel in 1990 with hopes of expanding from its Ha'iku site. But the Maui Planning Commission in June 2001 denied the church a special-use permit, which was needed because county zoning laws do not allow a church on agriculture land.
The church sought a preliminary injunction to overturn the commission's decision. But Wednesday, senior U.S. District Judge Samuel King threw out the request, saying the issue wasn't "ripe" for the court's intervention. King said it wasn't clear if the county officially prohibited Hale O Kaula members from only meeting on the property for religious activities. King said if the county attempted to ban religious worship there at all times, he would reconsider the issue.
King told the parties to "clarify what exactly is being prohibited."
Hale O Kaula attorney Charles Hurd sent a letter Thursday to Maui's Corporation Counsel seeking a clarification. Hurd asked that a response be made by yesterday.
Neither Hurd nor Corporation Counsel James Takayesu could be reached for comment yesterday.
But in his letter, Hurd said it was clear to him that the county's position is the church is prohibited from using the land and existing structures for regular worship unless a permit is obtained. Hurd asked that the county acknowledge this in writing. "If the county is not currently prohibiting Hale O Kaula from using the Anuhea Place property and its existing structures for regular religious worship, then there is no need for a preliminary injunction," Hurd wrote.
At a hearing before King on July 24, Maui's Deputy Corporation Counsel Victoria Takayesu said the permit was denied because of neighbors' concerns of increased traffic and noise, as well as the county's ability to provide fire protection and water service.
