Judge consolidates Maui church suits
By Janis L. Magin
Associated Press
A federal judge has combined two cases against Maui County involving a church that wants to hold services at its rural Upcountry property, while delaying until late fall a trial that was supposed to start next month.
Maui Planning Commission: www.co.maui.hi.us/boards/bDetail.php?BoardID=24 The Becket Fund for Religious Liberty: www.becketfund.org
U.S. Magistrate Kevin Chang last week consolidated Hale O Kaula's lawsuit filed in 2001 against the county with a similar case filed by the U.S. Justice Department in July.
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Trial was to begin Feb. 18 in Hale O Kaula's lawsuit, but the consolidation means that both cases now will go to trial as one on Nov. 16.
"In the end it makes sense for us to try these together," said Patrick Korten, spokesman for the Washington-based Becket Fund for Religious Liberty, which is aiding the church.
Hale O Kaula sued Maui County after the county Planning Commission in August 2001 denied its application for a special-use permit to expand its Kula facility for a second time. The land is zoned for agricultural use and constructing a building for religious services requires a special-use permit.
The lawsuit contends that the county's refusal violated the federal Religious Land Use and Institutionalized Persons Act. The Justice Department filed a separate lawsuit in July alleging similar violations of the federal law.
The law requires municipalities to show a compelling interest, such as public safety, before denying a religious group's zoning request.
The county argued that the federal government has no right to tell state and county governments how to decide local land issues such as zoning.
"This means that the county is now going to have to come to terms with the federal religious land use law," Korten said.
"They can't avoid it anymore."
Madelyn D'Enbeau, deputy corporation counsel for Maui County, said that the county had opposed continuing the trial date and noted that the church's attorneys have previously asked to delay the process.
"We had hoped the keep the Feb. 18 court date, because we felt an earlier resolution was in best interest of people of the county and the church," D'Enbeau said. "We just don't feel the delay is going to help in any way. It usually doesn't bolster a weak case to go to trial so late."
