Maui suit turns into wide test of U.S. law
By Timothy Hurley
Advertiser Maui County Bureau
WAILUKU, Maui — Maui's little church dispute is turning into a battle of heavyweights.
The suit originally brought by Hale O Kaula, a tiny Maui congregation, to contest the Maui Planning Commission's decision to deny construction of its chapel has ballooned into a national test case, pitting local governments' power to regulate land uses against a federal law aimed at exempting churches from land-use control.
Lined up behind the church is the biggest heavyweight of them all, the United States government, as well as the Beckett Fund for Religious Liberty, a conservative-backed public interest law firm based in Washington.
Now the county has found some firepower of its own. The National League of Cities, International Municipal Lawyers Association, National Association of Towns and Townships, Alabama Preservation Alliance and three municipalities have filed a "friends of the court" legal brief in its support.
The group is being represented by Marci A. Hamilton, a nationally prominent law professor and constitutional law expert who successfully challenged the federal Religious Land Use and Institutionalized Persons Act, the law at the heart of the Maui case.
"We're delighted to have them on our side," Maui County attorney Madelyn D'Enbeau said of the county's partners in the case.
The United States sued Maui County in support of Hale O Kaula after the church filed a religious discrimination case against the county.
The church had requested use of farm land in Pukalani for a worship center, but the planning commission denied the permit, agreeing with neighbors who claimed it would lead to increased traffic and noise, added burden to county services and a deterioration of the rural atmosphere.
The church refused to argue a complete case in a contested-case appeal. Instead, it accused the hearing officer of bias, then filed its suit based on the Religious Land Use and Institutionalized Persons Act, a relatively new law enacted by Congress to give churches an advantage in zoning battles.
Maui County has moved to dismiss the federal government's case, and moved for summary judgment in the Hale O Kaula case. The church has moved for summary judgment as well. The motions will be heard by senior U. S. District Judge Samuel King in Honolulu on Dec. 12.
The "friends of the court" argue that Congress exceeded its constitutional authority when it enacted the Religious Land Use and Institutionalized Persons Act, and that the law violates the separation of powers doctrine, Tenth Amendment and First Amendment.
They also argue that the act usurps state and local control of land-use law, an arena that has long been held to be "quintessentially local," and gives "religious landowners a special and direct benefit no other landowner is permitted."
Such "friends of the court" briefs are filed in cases of national importance with potentially far-reaching effects. USA vs. the Maui Planning Commission has turned into such a case, D'Enbeau said.
The U.S. Justice Department's suit against the county represents the first time the federal government has sought directly to enforce the act against a local government.
"They just want to win. This is where they think they can do it, I guess," D'Enbeau said.
The National League of Cities is the largest organization representing U.S. municipal governments. The International Municipal Lawyer's Association has more than 1,400 members, including cities and counties.
Hamilton represented Boerne, Texas, in a successful challenge to the Religious Freedom Restoration Act, predecessor to the Religious Land Use and Institutionalized Persons Act, resulting in a landmark decision.
Reach Timothy Hurley at (808) 244-4880 or e-mail at thurley@honoluluadvertiser.com.
