Church sues to use Pukalani property
Associated Press
A small congregation seeking to build a church on Maui filed a motion in federal court this week asking a judge to rule that the county's refusal to grant a special use permit constitutes a "substantial burden" on the free exercise of religion.
The motion, filed in U.S. District Court by Hale O Kaula Church, states that "all of the relevant legal precedent," including a number of recent federal court cases around the country, supports such a conclusion and requests a ruling by senior U.S. District Judge Samuel King.
"The cases tell us that a substantial burden on religious exercise occurs when government action puts pressure on an individual to modify his religious behavior, or prevents him from engaging in religious conduct, in a way that is greater than a mere inconvenience," according to a statement by the church's attorneys. "Prohibiting Hale O Kaula from using its property as a church meets this standard."
A hearing on the church's motion is scheduled for Dec. 12.
The church, affiliated with the Living Word Fellowship Bible-teaching ministry, sued after the Maui County Planning Commission for a second time denied their application for a special use permit to hold religious services on their property in rural Pukalani.
The permit is needed because the land is zoned for agriculture, and religious services are prohibited. Hale O Kaula argued that the federal Religious Land Use and Institutionalized Persons Act requires municipalities to show a compelling interest, such as public safety, before denying a religious group's zoning request.
County officials have challenged the constitutionality of the federal law, while the Justice Department's Civil Division intervened in the case to defend it.
The commission denied the second permit application saying neighbors in the rural Upcountry Maui area complained that the church attracts too much traffic just for nonreligious functions at the property.
Maui County attorneys also have argued that the commission had a "compelling public interest" in denying the permit, saying the property lacks infrastructure such as an adequate public water supply and regular road maintenance.
