A federal judge has ruled that the state land use law that required a Maui church to get a permit to build a sanctuary on agricultural land is constitutional. Judge rules Maui can make
church get building permit
By Mary Adamski
madamski@starbulletin.comBut, when the civil case comes to trial, Maui County planning officials can expect the court to apply a "strict scrutiny" standard on how they applied the law when they denied the special use permit application from Hale O Kaula, said federal District Judge Samuel P. King in a ruling Thursday.
"The state statutory provisions do not facially discriminate against religious institutions," King said in his ruling. "Plaintiffs are treated as equally as any other non-agricultural users or uses."
King repeated his theme of an earlier order in the case, in which he told the church that it was "premature" in wanting a preliminary injunction to keep the county from banning worship at the site by the 60-member congregation.
"It is not clear that the county has prohibited plaintiffs from conducting all religious activity on their property in Pukalani. There has never been a permit application simply to hold church services on the property," the judge said. The church sought to add a second floor of 1,800 square feet to an agriculture building. Denial came after neighbors on the private road cited traffic and fire hazard concerns.
Spokesmen for both the church and the county expressed satisfaction with the ruling.
A spokesman for the Washington, D.C., law firm representing the church applauded the "strict scrutiny" rather than a "rational basis" standard. Patrick Korten, of The Becket Fund for Religious Liberty, said it is a measure the county is "unlikely to be able to meet. Things went our way on the big stuff."
He was also pleased that King refused a county argument that the state's immunity from prosecution extended to county planners.
"It's a fantastic opinion," said Victoria Takayesu, Maui deputy corporation counsel. "Our next move will be a motion for summary dismissal (of the suit). I am going to ask the court to find there is no substantial burden as matter of law."
She said she was "thrilled" that King dismissed Maui Planning Commission members and other individuals named in the church's civil suit as defendants.
King based his ruling on the U.S. and state constitutions. He declined to apply The Religious Land Use and Institutionalized Persons Act of 2000 on which Becket Fund lawyers based many arguments. The law prohibits government agencies from using land use laws to discriminate against religious organizations.
After a July hearing, and King's Aug. 29 ruling declining an injunction against the state, Hale O Kaula members began holding services at their six-acre Pukalani property.
The county has not acted to stop the worship services.
However, said Takayesu, the county has referred the issue to the state Land Use Commission. "We're asking them to tell us if they (church) need a special use permit."
County of Maui
