Posted on: Friday, June 18, 2004

Maui to reconsider church's request

By B.J. Reyes
Associated Press

Maui County will reconsider its rejection of a church's use of rural farmland for worship services as part of an agreement aimed at settling a federal religious discrimination lawsuit.

The reopening of a Maui Planning Commission hearing on Hale O Kaula church's application for a special use permit was approved Monday night by Maui County Council members in a closed meeting.

"It's just an agreement to a process," said deputy Maui County Corporation Counsel Madelyn D'Enbeau.

The reconsideration means Hale O Kaula will be able to present additional evidence to support their application for a special use permit that would let them expand a building and hold services on their property.

Backed by the Washington-based Becket Fund for Religious Liberty, the 60-member Hale O Kaula congregation has been fighting for nearly a decade for the right to worship on its agricultural land on the slopes of Haleakala. County officials insist church services are not permitted under zoning laws.

Hale O Kaula sued the county in October 2001 after the planning commission twice denied a permit — in 1995 and 2001 — citing opposition from neighbors in Upcountry Maui who said the church attracts too much traffic.

Opponents also said the property lacks sufficient roads or adequate water supply.

Hale O Kaula, affiliated with the Living Word Fellowship Bible-teaching ministry, argued the county's rejection violated the federal Religious Land Use and Institutionalized Persons Act.

The law adopted in 2000 requires municipalities to show a compelling interest, such as public safety, before denying such zoning requests. It's aimed at preventing local governments from using zoning laws to stop religious practices.

The U.S. Justice Department's Civil Division intervened in the case to defend the law and in July 2003 filed its own lawsuit alleging the county violated federal religious freedom laws.

U.S. District Court Judge Samuel King combined the two lawsuits in January and set a trial date in November.

But D'Enbeau said a court-appointed officer is expected to hear new testimony on the permit application from the church and opponents in July, with the goal of having the dispute resolved by Dec. 1. Federal government attorneys also would be able to submit more information in support of their case.

After hearing arguments, the officer then would make a recommendation to the planning commission, at which point either side could voice its objections, D'Enbeau said.

The planning commission then would decide whether to grant the permit.

The process of reopening the hearing was agreed to in a proposed settlement reached between Hale O Kaula and the county on May 25, D'Enbeau said.

Further details about the settlement were withheld.

Asked whether the case would be settled if all parties are happy with the outcome, Hale O Kaula Pastor David Jenkins said, "It could be that. But it all depends." He declined further comment, citing a confidentiality agreement between the parties.

Councilman Riki Hokama was "unhappy with this," but he voted for the resolution "with reservations" to let the proposed settlement move forward.