Maui church suit passes court test

Associated Press

A federal judge ruled against Maui County and allowed a rural church to proceed with a suit seeking permission to build a chapel and hold religious services on its upcountry property.

U.S. District Judge Samuel King's written order, issued earlier this week, sends the Hale O Kaula church's lawsuit against the county to trial in July, unless a settlement can be reached before then. A settlement conference is set for next week in Honolulu, attorneys said.

The county had asked the federal court to throw out the case.

King also kept alive portions of the case against the county even though he said they were redundant under the First Amendment and the federal Religious Land Use and Institutionalized Persons Act of 2000. King had indicated during a March 19 hearing that he would dismiss those portions.

Hale O Kaula, supported by the Washington, D.C.-based Becket Fund for Religious Liberty, sued the county and the Maui Planning Commission for a permit to build a chapel and hold regular services on its rural Pukalani site.

"The church quite simply wants to be able to worship on the property," said Patrick Korten, spokesman for the Becket Fund.

"The county simply won't admit, or has been unwilling to up to this point, that it is a permitted activity," said Korten. "They are constantly holding the sword over the heads of the church members."

Maui County has twice refused Hale O Kaula's request for a permit to build a chapel on its rural site. But King pointed out in his order that the church never asked for a permit to worship on the land.

"Under the state and county law, on agricultural land, in order to operate a church you have to ask for a special permit," said Madelyn D'Enbeau, deputy corporation counsel for Maui County. "They previously did ask for a special permit and that was denied. They never asked for a special permit to hold church services in the existing building as opposed to adding to the building."

Roman Storzer, director of litigation for the Becket Fund, said the church's need to add on to its building is at the heart of the case.