Hawaii church to sue county for refusing expansion permit

By The Associated Press

07.01.01

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WAILUKU, Hawaii — National religious freedom advocates said late last week that they will sue Maui County over its planning commission's decision to block a small congregation's plans to expand a church building on the lower slopes of Haleakala.

Attorneys for the Becket Fund for Religious Liberty said the Maui Planning Commission's 7-0 decision to deny Hale O Kaula's request for a special-use permit to add a second story to its "agricultural building" violates a federal law designed to prevent religious discrimination in local zoning.

The Religious Land Use and Institutionalized Persons Act of 2000 requires municipalities to show a compelling interest, such as public safety, before denying a religious group's zoning request.

"The congregation is very interested in agricultural use," Anthony Picarello Jr., an attorney for the Washington-based Becket Fund, said. "Communing with the land is an important component of their belief system."

Picarello's organization plans to file a federal lawsuit against the county on behalf of the church, he said.

"The federal law has taken away all my rights," said commission member Samuel Kalalau. "This decision should be made according to the state land-use and county land-use codes."

Commissioners, who expressed concern over the lack of water and other services in the rural area, said the church failed to make a legal argument under the federal law. "I don't think the applicant has presented a case," said Commissioner Randy Piltz.

The 60-member church, affiliated with the Living Word Bible-teaching ministry, wants to add a second story to an existing agriculture building for church socials and services, an office, a library and storage. Because the land is zoned for agricultural use, the church must first obtain the special-use permit.

In 1995, the congregation was denied a special-use permit for an 8,500-square-foot church at the foot of the scenic volcano that dominates eastern Maui. In 1998, the church constructed its agricultural building. A small minister's residence was also constructed on the property.

Neighbors of the rural church — the property sits at the end of a 15-lot dead-end road — oppose the expansion, saying the congregation's current structure already attracts too much traffic.

Glenn Kosaka, an attorney for the neighbors, said traffic along the road has already increased since the church moved there and that a dog belonging to one of his clients was killed by a vehicle last October.

Picarello noted that 20 of the church's 60 members are children. "With their best efforts they couldn't generate a traffic nuisance," he said.

Picarello said church members are being discriminated against for their religious activities.

"In the course of their opposition," he said, "neighbors stated on the record and elsewhere that they felt 'strange and uncomfortable' and 'unsettled' about church members, whom they accused of being a 'cult' and a 'so-called church' or 'commune.'"

Kosaka said his clients weren't biased against religious groups. "In fact, they are Protestants and Catholics," he said.

Commission members "definitely are not ruling because of religious beliefs," said Commissioner Bernice Lu.

Hale O Kaula bought the six-acre lot in 1991 after deciding its chapel in Haiku was too small.

Under current state law, the church would be allowed to hold secular events such as a polo games or rodeos attracting up to 100 people, Picarello said.

"You can assemble to cheer your favorite cowboy, but you can't assemble to worship God," he said.

A message left for Planning Commission Chairman Jeremy Kozuki was not immediately returned.

Update

Hawaii church holds service despite legal battle over land use
County has twice denied Hale O Kaula a special-use permit for property zoned for agriculture.  09.09.02

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First court victory signals limitations on church zoning restrictions
By Charles Haynes Few Americans noticed when the awkwardly named Religious Land Use and Institutionalized Persons Act (RLUIPA) was signed into law last fall.  01.21.01