Lawsuit against
church dismissed

The suit says leaders stole church
funds and falsified records

A state judge has dismissed a lawsuit filed against a Kalihi church by dissident members who subsequently were expelled from the church.

The dissident group had claimed that the family running Way of Salvation Church had stolen untold sums from the institution, falsified internal records and failed to account for thousands of dollars in member contributions. The family, headed by the Rev. Mariano Caneso, the church's founder, denied the charges.

Circuit Judge Bert Ayabe on Oct. 15 issued an order dismissing the lawsuit. Ayabe wrote that the plaintiffs no longer are members of the church and therefore have no legal standing to pursue the lawsuit. That was the argument the church had made in asking the court to dismiss the lawsuit.

Ayabe noted that the state Attorney General's Office has taken the position that it has authority to oversee the church, and "the court will leave it up to the (AG's office) to pursue any action it deems to be appropriate."

Hugh Jones, a deputy attorney general, has questioned the way the family exerted control over the church and noted in court documents that the church repeatedly has failed to account for charitable donations and violated its own bylaws. The AG's Office supported the plaintiffs' request that a receiver be appointed to oversee the church.

But Ayabe denied that request, saying it was moot in light of the lawsuit's dismissal.

Attorney Ronald Amemiya, who represents Way of Salvation, said he was pleased with the court's ruling. He said case law clearly shows that excommunicated members cannot sue their former church.

"If members don't like the way a church is being run, they can go form their own church," Amemiya said.

He also said the AG's Office would be overstepping its authority if it pursued legal action against his client.

Unless a criminal or constitutional rights violation has been committed, a government can't interfere with the internal management of a church, Amemiya said.

The Way of Salvation case was being followed by other local churches because some were concerned that the AG's office was violating the long-held standard of separation of church and state.

But Jones has said that as a nonprofit entity, Way of Salvation is bound to follow the state law that applies to other nonprofit organizations. He could not be reached for comment yesterday.

Amemiya, however, said nonprofit churches by law are treated differently from nonreligious nonprofit groups, and the state can't interfere with how such churches are run.

The lawsuit against Way of Salvation was filed last year by more than 20 dissident members.

Scot Brower, their attorney, did not respond to a request for comment on Ayabe's ruling.