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SPIRIT OF ALOHA TEMPLE v. COUNTY OF MAUI

Nos. 19-16839 20-15871.

49 F.4th 1180 (2022)

SPIRIT OF ALOHA TEMPLE, a Hawai`i nonprofit corporation; Fredrick R. Honig, Plaintiffs-Appellants, v. COUNTY OF MAUI, Defendant-Appellee, State of Hawai`i, Intervenor-Defendant-Appellee, and Maui Planning Commission, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2022.

Attorney(s) appearing for the Case

Roman P. Storzer (argued), Storzer & Associates P.C., Washington, D.C.; Jonathan S. Durrett and Adam G. Lang , Durrett Lang LLLP, Honolulu, Hawai`i; for Plaintiffs-Appellants.

Brian A. Bilberry (argued) and Moana Lutey , Department of the Corporation Counsel, County of Maui, Wailuku, Hawai`i, for Defendant-Appellee County of Maui.

Robert T. Nakatsuji (argued), Deputy Attorney General; Clare E. Connors , Attorney General; Department of the Attorney General, Honolulu, Hawai`i; for Intervenor-Defendant-Appellee State of Hawai`i.

James A. Sonne , Stanford Law School Religious Liberty Clinic, Stanford, California, for Amicus Curiae The Becket Fund for Religious Liberty.

Gordon D. Todd , Robin Wright Cleary , and Daniel J. Hay , Sidley Austin LLP, Washington, D.C.; Christopher Pagliarella , Yale Law School Free Exercise Clinic, Washington, D.C.; for Amici Curiae Jewish Coalition for Religious Liberty, and Chabad Lubavitch of Northwest Connecticut.

Partial Concurrence and Partial Dissent by Judge Clifton.

OPINION

The County of Maui Planning Commission denied the Spirit of Aloha Temple's application for a special use permit to hold religious services and other events on agriculturally zoned property. Plaintiffs brought facial and as-applied First Amendment prior restraint claims, Religious Land Use and Institutionalized...

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