Suit’s dismissal shuts
church zoning case

A federal judge has signaled the finale of a Maui church's religious discrimination case by dismissing a U.S. Department of Justice lawsuit.

U.S. District Judge Samuel King also ruled Thursday that each party in the lawsuit will bear its own legal expenses and that the suit may not be refiled. The dismissal was requested by the U.S. Attorney's Office.

The Justice Department went to court to back Hale O Kaula church in its effort to force Maui County to permit construction of a chapel on agricultural land in Kula. The 60-member church filed suit in 2001 after the Maui Planning Commission denied zoning approval for the second time.

Attorneys for the church and Maui County settled the church's suit last June in an agreement that paid Hale O Kaula $700,000. In November the Planning Commission granted a special-use permit that will allow construction of the chapel.

The church's battle drew the attention of the Justice Department's Civil Rights Division, which sought compliance with the 2000 Religious Land Use and Institutionalized Persons Act, which exempts religious groups from local zoning laws. The law prohibits state and municipal agencies from setting zoning regulations that impose a substantial burden on religious expression unless there is a compelling public interest.