Hawaii church holds service despite legal battle over land use
By The Associated Press
09.09.02
Printer-friendly page
PUKALANI, Hawaii — A small church held its first official worship service on its disputed upcountry Maui property yesterday while its legal battle with the county continues.
About 50 people gathered in a makeshift chapel — two canopy tents on a gravel lot — on the rural Hale O Kaula property for the one-hour service filled with songs, prayers and cheers.
The church purchased the 5.8-acre lot for $305,000 in 1990, but has been prohibited from holding religious services by the county because the land is zoned for agriculture.
"After 12 years of owning the property, it just feels so good and so right," Pastor David Jenkins told the congregation. "What an awesome day. I'll never forget this day."
The county twice denied Hale O Kaula a special-use permit based on recommendations from the Maui Planning Commission and opposition from neighbors.
The church has since spent about $500,000 in legal fees suing the county.
Hale O Kaula, supported by the Washington, D.C.-based Becket Fund for Religious Liberty, is suing the county under the federal Religious Land Use and Institutionalized Persons Act of 2000.
Attorneys for Hale O Kaula say the federal law requires municipalities to show a compelling interest, such as public safety, before denying a religious group's zoning request.
The county has challenged the constitutionality of the federal law, while the U.S. Justice Department has intervened in the case to defend it.
U.S. District Judge Samuel King on Aug. 28 denied the church's request for a preliminary injunction against the county, saying a ruling would be "premature" because Maui County never officially prohibited religious activities on the property.
The church has asked the county to stipulate its stand on the congregation's use of the property for worship, but had not received a response as of yesterday.
"The county is not telling us we can't, so we figure we may as well," Jenkins said. "We just feel this is within our constitutional right to do this, and the county has not told us we can't."
Bernice Lu, a planning commission member who lives in nearby Kula, said the property lacks infrastructure such as an adequate public water supply.
Lu wouldn't say if yesterday's service violated the law, saying the case was still in court. "They're pushing it to the limit," she said.
She said there are churches in agriculture zones, "but these people do not have water."
Neighbor Frank Caravalho Jr. says he's concerned about increased traffic congestion, possible expansion and the church trying to take over the neighborhood.
"My biggest concern is that the public does not belong on a private road," he said. "Otherwise a church can be built anywhere, including a gated community."
Jenkins, a home designer, said the church has complied with all the county requirements, including building its own water system.
The property located off Kula Highway at the end of Anuhea Place, is at an elevation of 1,700 feet and features sweeping views of the ocean, farm land and Kahului-Wailuku.
The 60-member church, affiliated with the Living Word Fellowship Bible ministry, bought the property after deciding its Haiku chapel was too small and because most of its congregation lived in the area.
"You shouldn't have to drive across the island to go someplace where your church is allowed to be built," Jenkins said. "The church should be located in the community where the people live."
The church wants to add a second story to an existing agriculture building for church socials and services, an office, a library and storage.
"We waited a long time to worship here," said Thom Foster, a church director. "(The 12 years) has been disheartening. It's been a long struggle and so we're anxiously awaiting a conclusion."
Meanwhile, Jenkins plans to continue holding services in the makeshift chapel until a court rules on the matter.
Church members don't seem to mind.
"It doesn't make any difference if there's a building or not, it's just being together," Jeff Fry said.
Update
Hawaii church gets OK to pursue First Amendment claim
However, federal judge says Hale O Kaula’s zoning challenge won’t be decided based on the Religious Land Use and Institutionalized Persons Act.
10.28.02
Previous
Hawaii church to sue county for refusing expansion permit
Congregation's attorneys say planning commission violated federal law designed to prevent religious discrimination in local zoning.
07.01.01
Related
Zoning still constricts some houses of worship
Scattered cases may test constitutionality of the Religious Land Use and Institutionalized Persons Act, which exempts religious groups from most local zoning rules.
04.14.02
