United States v. Maui County (D. Haw.)

On December 22, 2004, the United States announced the successful resolution of United States v. Maui County (D. Haw.), a religious zoning discrimination lawsuit against the County of Maui, Hawaii. The court dismissed the case on February 9, 2005, following a settlement agreement reached between the County of Maui and the Hale O Kaula Church. As part of a settlement agreement with the church, the county granted the contested permit on November 17, 2004. In addition, the church received $700,000 in damages and attorneys' fees from the county. The complaint, filed on July 10, 2003, alleged Maui County's 2001 decision to deny the church a special zoning permit to expand the religious use of property that the church already owned in an area that was zoned for agricultural use violated the land use provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA). According to the complaint, the county denied the permit even though it had previously granted other groups - including other religious groups - similar permits to use property in the area for nonagricultural purposes. On December 29, 2003, the court entered an order denying the defendant's motion to dismiss the case on constitutional and statutory grounds. Following cases in the Fourth, Seventh and Ninth Circuits of the United States Courts of Appeals, the court found that RLUIPA was a valid exercise of congressional power, and that the law did not violate the separation of church and state guaranteed by the Establishment Clause of the First Amendment. The court also held that the United States has standing to file the suit and that the action is not barred by any statute of limitations. On January 5, 2004, the court entered an order granting the church's motion to consolidate the Division's suit with the private action. The case was the first brought by the Division under the Religious Land Use and Institutionalized Persons Act (RLUIPA).