No. 24-1327

Spirit of Aloha Temple, a Hawaii Nonprofit Corporation, et al. v. Maui County, Hawaii, et al.

Lower Court: Ninth Circuit
Docketed: 2025-06-30
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: first-amendment municipal-jurisdiction religious-exercise rluipa substantial-burden zoning-permit
Key Terms:
AdministrativeLaw SocialSecurity FirstAmendment DueProcess
Latest Conference: 2025-12-05
Question Presented (AI Summary)

Must a religious organization seeking to build a church prove that it is precluded from using other sites within a municipality's jurisdiction and/or that the municipality's reasons for denying a permit are arbitrary before it can establish that a zoning permit denial to use property as a church imposed a substantial burden on its religious exercise under RLUIPA, or should substantial burden be established by the totality of the circumstances?

Question Presented (OCR Extract)

Must a religious organization seeking to build a church prove that it is precluded from using other sites within a municipality’s jurisdiction and/or that the municipality’s reasons for denying a permit are arbitrary before it can establish that a zoning permit denial to use property as a church imposed a substantial burden on its religious exercise under RLUIPA, or should substant ial burden be established by the totality of the circumstances?

Docket Entries

2025-12-08
Petition DENIED.
2025-11-12
DISTRIBUTED for Conference of 12/5/2025.
2025-11-10
Reply of Spirit of Aloha Temple, a Hawai‘i nonprofit corporation, et al. submitted.
2025-10-28
Reply of petitioners Spirit of Aloha Temple, a Hawaii nonprofit corporation, et al. filed.
2025-10-28
Reply of petitioners Spirit of Aloha Temple, a Hawai‘i nonprofit corporation, et al. filed.
2025-10-14
Brief of respondent County of Maui, Hawaii in opposition filed.
2025-10-14
Brief of County of Maui in opposition submitted.
2025-09-11
Motion to extend the time to file a response is granted and the time is further extended to and including October 14, 2025. See Rule 30.1.
2025-09-10
Motion to extend the time to file a response from September 29, 2025 to October 13, 2025, submitted to The Clerk.
2025-09-10
Motion of County of Maui for an extension of time submitted.
2025-07-30
2025-07-30
Amicus brief of Jewish Coalition for Religious Liberty submitted.
2025-07-22
Motion to extend the time to file a response is granted and the time is extended to and including September 29, 2025. See Rule 30.1.
2025-07-21
Motion of County of Maui to extend the time to file a response from July 30, 2025 to September 28, 2025, submitted to The Clerk.
2025-07-21
Motion of County of Maui for an extension of time submitted.
2025-07-02
Waiver of right of respondent Hawaii to respond filed.
2025-06-26
Petition for a writ of certiorari filed. (Response due July 30, 2025)

Attorneys

County of Maui
Brian Anthony BilberryDepartment of Corporation Counsel, County of Maui, Respondent
County of Maui, Hawaii
Victoria Joan TakayesuDepartment of Corporation Counsel, County of Maui, Respondent
Hawaii
Sianha Michael GualanoState of Hawaii Department of the Attorney General, Respondent
Jewish Coalition for Religious Liberty
Gordon Dwyer ToddSidley Austin,LLP, Amicus
Spirit of Aloha Temple, a Hawai‘i nonprofit corporation, et al.
Roman P. StorzerStorzer and Associates, P.C., Petitioner