RALPH F. BOYD, JR.
Assistant Attorney General
STEVEN H. ROSENBAUM,
Chief
DIANE L. HOUK,
Special Litigation Counsel
JE YON JUNG (Ohio #0067441)
JAMES D. TODD, JR. (D.C. #463511)
Trial Attorneys
Housing and Civil Enforcement
Section
Civil Rights Division
United States Department of Justice
950 Pennsylvania Avenue, N.W., G Street
Washington, D.C. 20530
Tel: (202) 305-1457
Fax: (202) 514-1116
jeyon.jung@usdoj.gov
EDWARD H. KUBO, JR.
United States Attorney
MICHAEL CHUN 3300
Assistant U.S. Attorney
Room 6-100, PJKK Federal Bldg.
300 Ala Moana Blvd.
Honolulu, HI 96850
Tel: (808) 541-2850
mike.chun@usdoj.gov
Attorneys for the United States
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI' I
UNITED STATES OF AMERICA,
Plaintiff, COMPLAINT
v.
Maui County
Defendant.
__________________________________
The United States of America alleges:
1. This action is brought by the United States to
enforce the Religious Land Use and Institutionalized Persons
Act of 2000 ("RLUIPA"), 42 U.S.C. § 2000cc et seq.
2. This Court has jurisdiction over this action under 28 U.S.C. § 1345.
3. Venue is proper because the claims alleged herein
arose in the District of Hawai' i. 28 U.S.C. § 1391.
4. Under the Maui County Code, Defendant Maui Planning
Commission has authority to regulate and restrict the use of
land and structures within its borders, including granting
special land use permits for properties of less than 15 acres.
5. For purposes of RLUIPA, the Defendant constitutes a
"government." 42 U.S.C. §2000cc-5(4)(A)(ii).
6. Hale O Kaula Church is a nonprofit, Hawai' i
corporation. It has operated a church and held public worship
services in the County of Maui, Hawai' i since 1960. Hale O
Kaula means "House of the Prophets." It has approximately
sixty members who live in and around Pukalani, County of Maui,
Hawai' i.
7. The "Joseph Ministry" is one of the core practices of
the Hale O Kaula Church's mission. The Joseph Ministry
requires the Church to "provide sustenance from a life
enriched environment that preserves God's people alive and
healthy." Key functions to achieve this mission include: food
management, production, storage and distribution; ecosystem
management; soil restoration, gardening, greenhouse, orchard
and permaculture management, which emphasize the enrichment of
local ecosystems through the use of perennial agriculture; and
holistic health and healing.
8. The Hale O Kaula Church usually holds two religious
services a week: one during the week (from 7:00 p.m. to 10:00
p.m.) and one on Sunday morning (from 8:00 a.m. to 1:00 p.m.).
The mid-week attendance is roughly ten members and the Sunday
attendance is roughly forty members, including children.
There are occasional administrative meetings throughout the
week averaging 10 attendees. Saturdays are typically "work
days" where members work on agricultural projects and maintain
structures and landscaping on the land.
9. For purposes of RLUIPA, Hale O Kaula Church
constitutes a "religious assembly or institution."
10. Currently, the majority of the Hale O Kaula Church's
religious activities are conducted in a small building on a
parcel of land located in Haiku, Maui. The Haiku property is
less than one-half acre in size and the facility is inadequate
to meet the Church's current needs.
11. In order to continue and to expand its facilities
and practice of the Joseph Ministry, the Hale O Kaula Church
purchased 5.85 acres of land in Pukalani in 1990. The
Pukalani property is located within the State Agricultural
District on the County's land use map and is zoned Agriculture
in accordance with Maui County Code, §19.30A. The Pukalani
property is located near the end of Anuhea Place, a private
residential road, and contains a residence, an agricultural
building, a shade house and a generator building.
12. On December 20, 1999, Hale O Kaula Church submitted
a Special Use Permit application to the Defendant seeking to
use the existing agricultural building on the Pukalani
property for religious activities and to construct a second
floor to that structure that would be used for church
services, a library, offices and storage.
13. For purposes of RLUIPA, the proposed use of the
existing structure and the proposed second floor addition for
church services constitute "religious exercise." 42 U.S.C.
§2000cc-5(7)(A)-(B).
14. Pursuant to Section 205-6(a) of the Hawai' i Revised
Statute, a county planning commission is authorized to permit certain
"unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified."
15. The State Land Use Commission's rules, Section 15-15-95(b), allow a special use permit to be issued for "certain 'unusual
and reasonable' uses within agricultural and rural districts." There are five guidelines for determining whether an "unusual and
reasonable use" should be allowed by special permit:
- The use shall not be contrary to the objectives
sought to be accomplished by chapters 205 and 205A,
Hawai' i Revised Statute, and the rules of the
commission;
- The desired use would not adversely affect
surrounding property;
- The use would not unreasonably burden public agencies
to provide roads and streets, sewers, water drainage
and school improvements, and police and fire
protection;
- Unusual conditions, trends, and needs have arisen
since the district boundaries and rules were
established; and
- The land upon which the proposed use is sought is
unsuited for the uses permitted within the district.
16. The Department of Planning for the County of Maui
issued a Report to the Maui Planning Commission regarding Hale
O Kaula's application. The Report concluded that the
applicant's proposed use is consistent with the County's
General Plan objective and policies. The Report further
indicated that:
- the applicant's property utilizes a private
water system;
- the proposed use will have no adverse impact on
police, fire protection, and medical services,
subject to a "hold harmless" agreement, which
was executed, as requested by the Department of
Fire Control;
- the Department of Transportation reviewed the
application and found that the proposed Church
will not have a significant impact on Kula
Highway, a state facility; and
- there would be short term noise and air quality
impacts during the construction phases of the
project.
17. On April 30, 2001, Maui Planning Commission Hearing
Officer, Judith Neustadter Fuqua recommended denial of the
Hale O Kaula Church's application for a Special Use Permit,
finding that the use of the subject property as sought by the
Church was not an "unusual and reasonable use" under the
relevant codes and rules. She found that the use of the
Subject Property sought by the Church would adversely affect
the properties along Anuhea Place by creating unacceptable
levels of traffic and noise in an isolated agricultural
neighborhood. In addition, she found that the use of the
Subject Property sought by the Church would burden public
agencies to provide water, police, and fire protection.
18. On June 27, 2001, the Maui Planning Commission
adopted Hearing Officer Fuqua's recommendations and
unanimously voted to deny Hale O Kaula Church's special use
permit application.
19. Between 1976 and 1996, the Defendant has granted
special use permits to other denominational churches in
districts zoned for agricultural use in Maui County.
20. Other entities or activities that have greater than
or equal impact on the levels of traffic and noise and/or
burden on public agencies are either permitted as of right or
regularly granted special use permits by the Defendant.
21. For purposes of RLUIPA, the Defendant's denial of a
special use permit to the Church constitutes "land use
regulation[s]." 42 U.S.C. §2000cc-5(5).
22. The Defendant's denial of the Church's special use
permit application violates Section (2)(a)(1) of RLUIPA. 42 U.S.C. 2000cc(a)(1).
- The denial of the permit represents the
imposition or implementation of a land use regulation in a manner that imposes a substantial burden on the religious exercise of
the Hale O Kaula Church and its members.
- The substantial burden created by the denial of
the special use permit does not further a
compelling government interest, or even if it
does, it is not the least restrictive means of
furthering that compelling government interest.
- The substantial burden created by the denial of
the special use permit affects, or the removal
of that substantial burden would affect,
commerce within the meaning of Section 2(a)(2)
of RLUIPA.
- The Defendant's denial of the Church's special
use permit constituted the imposition or
implementation of land use regulations whereby
defendant made, or had in place formal or
informal procedures or practices of,
individualized assessments regarding the
Church's special use permit application within
the meaning of Section 2(a)(2) of RLUIPA.
23. The Defendant's denial of the Church's special use
permit application constitutes the imposition or
implementation of a land use regulation that discriminated,
and continues to discriminate, against Hale O Kaula Church on
the basis of religion or religious denomination in violation
of Section 2(b)(2) of RLUIPA. 42 U.S.C. §2000cc(b)(2).
WHEREFORE, the United States prays that the court enter
an ORDER that:
1. Declares that the defendants' policies and
practices, as alleged herein, violate RLUIPA; and
2. Enjoins the defendant, its officers, employees,
agents, successors and all other persons in active concert or
participation with it, from (a) applying its laws in a manner
that substantially burdens Hale O Kaula Church's religious
exercise and (b) discriminating against Hale O Kaula Church on the basis of religion or religious denomination.
The United States further prays for such additional
relief as the interests of justice may require.
__________________________
EDWARD H. KUBO, JR.
UNITED STATES ATTORNEY
MICHAEL CHUN 3300
ASSISTANT U.S. ATTORNEY
Room 6-100, PJKK Federal Bldg.
300 Ala Moana Blvd.
Honolulu, HI 96850
Telephone: (808) 541-2850 |
JOHN ASHCROFT
ATTORNEY GENERAL
__________________________
RALPH F. BOYD, JR.
ASSISTANT ATTORNEY GENERAL
CIVIL RIGHTS DIVISION
__________________________
STEVEN H. ROSENBAUM
Chief, Housing and
Civil Enforcement Section
__________________________
DIANE L. HOUK
Special Litigation Counsel
JE YON JUNG (Ohio #0067441)
JAMES D. TODD, JR. (D.C.
#463511)
Trial Attorneys
Housing and Civil
Enforcement
Section
Civil Rights Division
United States Department of
Justice
950 Pennsylvania Avenue,
N.W.,
G Street
Washington, D.C. 20530
Tel.: (202) 305-1457
Fax: (202) 514-1116 |
Document Filed: July 10, 2003
