Posted on: Thursday, August 5, 2004

Permit hearing set for Maui church

By B.J. Reyes
Associated Press

Members of a small rural church will have the chance next month to present more evidence on why they should be allowed to expand a building and worship on their Upcountry Maui property.

The reopening of the contested case hearing on Hale O Kaula's application for a special use permit is set for Sept. 8 on Maui, although the date may be moved up one day, David Jenkins, the church's pastor, said yesterday.

In June, Maui County agreed to reopen the hearing as part of an agreement aimed at settling a federal religious discrimination lawsuit the church had filed against the county.

Trial in the case — which in January was combined with a similar federal lawsuit against the county — has been delayed indefinitely pending the outcome of the settlement negotiations, an attorney said.

The combined case was scheduled for trial Nov. 16, but the lawsuits were separated last month by U.S. District Judge Samuel King because of the settlement talks, said Madelyn D'Enbeau, deputy corporation counsel for Maui County.

The dispute stems from the planning commission's denial of a special use permit for Hale O Kaula, a congregation of about 60 members.

A special use permit is required by the church because its land in Pukalani is zoned for agricultural use.

Jenkins said the church will be allowed to submit more evidence on traffic and fire safety issues in support of its case.

"It's a limited reopening with those two issues being considered and a new hearing officer," Jenkins said.

The county also will be allowed to present additional evidence backing its decision to deny the permit.

Hale O Kaula, backed by the Washington-based Becket Fund for Religious Liberty, sued the county in October 2001 after the Maui Planning Commission for a second time denied its permit application. The commission cited opposition from neighbors who said the church attracts too much traffic in a rural area that also lacks sufficient roads and an adequate water supply.

The church says the county violated the federal Religious Land Use and Institutionalized Persons Act of 2000, which requires municipalities to show a compelling interest, such as public safety, before denying such zoning requests.

County officials contend the federal law is unconstitutional.

The U.S. Justice Department's Civil Division intervened in the case to defend the federal law and in July 2003 filed its own discrimination lawsuit against the county. The federal case is set for trial beginning July 15, 2005, D'Enbeau said.