Maui church asks court
to combine lawsuits
A church suing Maui County over alleged religious discrimination asked a federal judge yesterday to combine its lawsuit with a second suit filed against the county by the U.S. Justice Department's Civil Division.
Charles Hurd, an attorney for Hale O Kaula church in rural Kula, said consolidating the lawsuits would conserve court resources and save money for all parties involved.
An attorney for Maui County disagreed, saying the move would further delay a trial in the lawsuit that was filed in October 2001 and originally scheduled for trial last December.
"This case is a drain on the county's limited resources," said Jane Lovell, deputy corporation counsel for the county.
U.S. Magistrate Judge Kevin S.C. Chang did not immediately rule on the motion.
In arguing that the church's lawsuit should go to trial as scheduled in February, Lovell also noted the age of U.S. District Judge Samuel King, 87, who is presiding over the case.
"This case is reaching an age where it really should be resolved," Lovell said, adding that King, "is not getting any younger."
The comment drew a rebuke from Chang.
"None of us are getting younger," he said. "But Judge King is strong, sharp and vigorous. I look forward to his continued presence for many years to come."
Hurd also noted that both lawsuits essentially seek the same result and that the Justice Department would likely take the lead in the case.
In July, the Justice Department's Civil Division filed suit against the county and the planning commission alleging violations of the federal Religious Land Use and Institutionalized Persons Act.
The 60 members of Hale O Kaula, affiliated with the Living Word Fellowship Bible-teaching ministry, are seeking to expand a building and hold services at church-owned property in rural Pukalani. Because the land is zoned for agricultural use, the congregation requires a special use permit from the county.
The church, aided by the Washington-based Becket Fund for Religious Liberty, sued in October 2001, after the Maui County Planning Commission denied its application for the permit a second time.
Congregation members alleged discrimination, saying the permit denial placed a substantial burden on their religious freedom and violated the federal law, which requires municipalities to show a compelling interest, such as public safety, before denying a religious group's zoning request.
County officials argued that the property lacks infrastructure such as an adequate public water supply and regular road maintenance. They also say the action doesn't place a burden on members' religious freedom because they still own property in Haiku. Hale O Kaula is in the process of selling that property because the Pukalani land is more centrally located for members.
Earlier this month, King heard arguments from both sides seeking summary judgment in their favor, and a motion by the county to dismiss the Justice Department's lawsuit filed in July. He said he didn't expect to rule on either motion until after Christmas.