Judge allows lawsuit
by Maui church

He urges the church and county
to resolve issues before the trial

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By Mary Adamski
madamski@starbulletin.com

A federal judge has declined to halt a Maui church's religious discrimination suit, but he urged the church and Maui County to resolve their differences before the July 15 trial date.

"You want to make a big Supreme Court case of this," U.S. District Judge Samuel King told attorneys for Hale O Kaula yesterday.

The Becket Fund, a Washington, D.C., law firm specializing in constitutional cases, represents the 60-member church. The church sued the county after the Maui Planning Commission twice denied an application to build a chapel on six acres of agricultural land in Kula.

After an earlier hearing before King, church members began in September to hold worship services in the 1,700-square-foot agriculture building on the site.

King said he saw merit in part of the county's motion for dismissal and will issue a ruling later.

"I'm going to deny summary judgment on some points," he said. "All you need is the First Amendment (issue)."

King indicated by questions and comments at the one-hour hearing that the church has other paths toward resolution, including another try for the special-use permit required for a church in agriculturally zoned land.

"Why didn't you apply for a change in zoning?" King asked, pointing out that the Kaluamalu commercial center and Kamehameha Schools campus have been permitted nearby.

Maui Deputy Corporation Counsel Madelyn D'Enbeau said, "The wrinkle in the whole thing has been that the church chose not to participate in a contested-case hearing."

Neighbors opposed to the church development testified, and it was their concerns about water and traffic that were cited in the Planning Commission decision.

"Obviously you have some mean-spirited neighbors, making a lot of noise, and you didn't bother to cross-examine them," King said.

The judge told an anecdote about two ships steaming toward each other in an open ocean. When neither diverted from its path, "they collided, sank and everybody died." Asked by the county attorney about where they are headed, King said, "You're going to collide."

Becket Fund attorney Roman Storzer said after the hearing that the case is going the church's way.

"My clients are going to get their day in court to prove they were unjustly denied their ability to have a place to worship," Storzer said.

A closed-door settlement hearing before Federal Magistrate Kevin Chang, which began earlier in the month, will resume soon, D'Enbeau said.

The church is also suing for undisclosed damages and reimbursement of attorneys' fees.