Maui battles federal
lawsuit over church siteThe county argues that a federal
law disables zoning rights
The National League of Cities is backing Maui County in its fight to keep the federal government out of state and local government zoning matters.
The county asked U.S. District Judge Samuel King yesterday to dismiss a U.S. Justice Department lawsuit filed on behalf of Hale O Kaula church, whose application to build a chapel was denied by the Maui Planning Commission.
Constitutional law expert Marci Hamilton, a professor at Cardozo School of Law in New York City, told King that the Justice Department suit is based on "an illegitimate law." The 3-year-old Religious Land Use and Institutionalized Persons Act "disables zoning law to the benefit of religious entities," said Hamilton.
The law known as RLUIPA requires municipalities to prove there is a compelling interest, such as public safety, to deny a religious organization's land use application.
This is the first suit filed by the Justice Department invoking RLUIPA, which is under attack as unconstitutional in several cases around the country. Only in one recent California case has a federal judge found the law unconstitutional.
"RLUIPA is nothing new under the sun," said Justice Department attorney James Todd. Congress has allowed federal intervention in local jurisdiction with other laws, such as the Fair Housing Act, he said.
The church is represented by the Becket Fund for Religious Liberty, a Washington, D.C., law firm that has about brought about 30 RLUIPA cases around the country.
Hale O Kaula filed suit in 2001 after the Maui commission denied its application for a special use permit to build a second-floor chapel on an existing agricultural building.
Hamilton was instrumental in the death of an earlier effort by Congress to enhance the First Amendment guarantee of exercise of religious freedom. In 1997 the U.S. Supreme Court found the 1990 Religious Freedom Restoration Act unconstitutional, upholding a zoning action by Hamilton's client, the Texas city of Bourne, denying a building permit to a church.
The participation of major players here indicates that the case has grown far beyond the 60-member church and its plan for its six acres in Pukalani. King has commented several times that the suit is destined for the U.S. Supreme Court.
"This is a symbolic case," said University of Hawaii law professor Jon Van Dyke, who also appeared with Maui County attorneys.
He said the advantage given religious organizations by RLUIPA is "a special lane on the freeway. It invites us all to become religious to take advantage of the law."
Maui County Deputy Corporation Counsel Madelyn D'Enbeau likened the federal agency's intervention in a small county's land use matter to a "steamroller. You want to get flattened, or you want to get out of the way?"
D'Enbeau said the church did not try convincing the planning commission that a substantial burden would be placed on them if they could not build in Pukalani. At the time, the congregation worshipped on its Haiku property.
King said he will rule after Christmas on the dismissal request as well as on motions from both sides calling for a summary judgment through which he could end the case before the trial scheduled for February, or at least deal with some issues without taking them to trial.