THE BECKET FUND FOR RELIGIOUS LIBERTY
ROMAN STORZER (D.C. # 459878)
ANTHONY PICARELLO (D.C. # 454459)
1350 Connecticut Avenue, NW, Ste 605
Washington, D.C. 20036-1735
Telephone: (202) 955-0095
(Applications Pro Hac Vice Pending)
HURD & LURIA
CHARLES H. HURD (HI # 1702)
City Financial Tower, 1500
201 Merchant Street
Honolulu, Hawaii 96813
Telephone: (808) 524-0325
Attorneys for Plaintiffs
Hale O Kaula Church, Daryl Arita, Elder;
Thomas Foster, Elder; David Jenkins,
Elder; and Robert Poulson, Elder
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
HALE O KAULA CHURCH, DARYL CIVIL NO. 01-00615 SPK KSC
ARITA, Elder; THOMAS FOSTER,
Elder; DAVID JENKINS, Elder; and PLAINTIFFS' NOTICE OF HEARING
ROBERT POULSON, Elder; MOTION; PLAINTIFFS' MOTION FOR
A PRELIMINARY INJUNCTION;
Plaintiffs, MORANDUM OF LAW IN SUPPORT OF
PLAINTIFFS' MOTION FOR A
v. PRELIMINARY INJUNCTION;
DECLARATION OF THOMAS FOSTER;
THE MAUI PLANNING DECLARATION OF DAVID JENKINS;
COMMISSION; SAMUEL KALALAU EXHIBIT "A"; DECLARATION OF
III, JEREMY F. KOZUKI, BERNICE CHARLES H. HURD; EXHIBITS "B" -
LU, STAR MEDEIROS, SUSAN "N"; CERTIFICATE OF SERVICE
MOIKEHA, HERMAN NASCIMENTO,
RANDY PILTZ, JOSEPH DATE : January 30, 2002
PONTANILLA, MONA RICHARDSON, TIME : 10:00 a.m.
individually and in their official capacities JUDGE : Samuel P. King
as members of the Maui Planning
Commission; JOHN E. MIN, the Director TRIAL DATE: s None Set
of the Maui Department of Planning; THE
COUNTY OF MAUI, HAWAII; JAMES
APANA JR., in his official capacity as
Mayor of the County of Maui; JUDITH
SNIPPETS:
HURD & LURIA CHARLES H. HURD
City Financial Tower, 1500
Hawaii 96813 Telephone: 524-0325 Attorneys for Plaintiffs
Hale O Kaula Church, Daryl Arita, Elder; Thomas Foster, Elder; David Jenkins,
of the Maui Department of Planning;
Mayor of the County of Maui;
capacity as Hearing Officer for the Maui
Planning Commission; STATE OF
State of Hawaii; THE LAND USE
THE MAUI PLANNING COMMISSION, SAMUEL KALALAU III, JEREMY F.
individually and in their official capacities as members of the Maui Planning
Planning, THE COUNTY OF MAUI, HAWAII, JAMES APANA JR., in his official
individually and in her official capacity as Hearing Officer for the Maui Planning
Hawaii 96813 Attorneyfor Defendants
STATE OF HAWAII, BENJAMIN CAYETANO in his official capacity as the Governor of the State of
NOTICE IS HEREBY GIVEN that the above-entitled Plaintiffs' Motion
Otherwise using the Property for purposes of religious exercise.
Free Exercise Clause: Lack of Neutrality
714 F.2d 962 (9th Cir.
Native Village of Quinhagak v. United States,
Constitutions, RLUIPA, and Hawaii law.
Hale O Kaula Church is a small, nondenominational congregation that has been holding
accompanying Declarations of Plaintiffs David Jenkins and Thomas Foster
The Property is located within the State Agricultural District, is identified as
Strict scrutiny analysis is appropriate for Plaintiffs' Free Exercise claims for six
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