District Judge Dismisses Request to Throw Out Church Lawsuit Over Zoning

January 6, 2004

Source: First Amendment Center

http://www.fac.org/rel_liberty/publiclife/news.aspx?id=12424

On January 6, 2004 the First Amendment Center posted an Associated Press article that reported, "Maui County has been dealt a setback in its ongoing legal battle involving a church seeking to expand and hold services at its rural property. U.S. District Judge Samuel King yesterday dismissed the county's request to throw out a lawsuit filed by the U.S. Justice Department in July on behalf of Hale O Kaula church. The lawsuit, being allowed to proceed, contends that the county's refusal to grant a permit to the church violates the federal Religious Land Use and Institutionalized Persons Act. The law, known as RLUIPA, requires municipalities to show a compelling interest, such as public safety, before denying a religious group's zoning request. The county argued that the federal government had no right to tell state and county governments how to decide local land issues such as zoning. King ruled that the U.S. government argument does have standing and that RLUIPA is constitutional. He did not, however, rule on motions from each side seeking a summary judgment in the case."