Spirit of Aloha Temple et al v. County of Maui et al
| Spirit of Aloha Temple and Fredrick R. Honig |
| County of Maui and Maui Planning Commission |
| 1:2014cv00535 |
| November 26, 2014 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Maui |
| UNASSIGNED |
| RICHARD L. PUGLISI |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Defendant |
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Filing
683
ORDER ADOPTING FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART DEFENDANT COUNTY OF MAUI'S BILL OF COSTS re 681 . After reviewing de novo the portions of the F&R objected to, and after reviewing the remainder of the F&R for clear error, the court adopts the F&R regarding the county's Bill of Costs. Costs of $2,109.79 (2023 Costs) and $16,458.35 (2020 Costs) are taxed against Spirit of Aloha Temple. The total amount taxed is $18,568.14 ($2,109.79 + $16,458.35).Signed by JUDGE SUSAN OKI MOLLWAY on 3/8/2024. (cib)
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Filing
596
ORDER DENYING DEFENDANT COUNTY OF MAUI'S MOTION FOR RECONSIDERATION OF THIS COURT'S GRANT OF PARTIAL SUMMARY JUDGMENT IN FAVOR OF PLAINTIFFS ON THE ISSUE OF WHETHER THE COUNTY OF MAUI'S DENIAL OF THE SPECIAL USE PERMIT SATISFIED STRICT SCRUTINY WITH RESPECT TO COUNTS I, VI, AND VIII re 563 . Signed by JUDGE SUSAN OKI MOLLWAY on 9/6/2023. (cib)
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Filing
540
ORDER GRANTING PARTIAL SUMMARY JUDGMENT IN FAVOR OF PLAINTIFFS ON THE ISSUE OF WHETHER THE COUNTY OF MAUI'S DENIAL OF THE SPECIAL USE PERMIT SATISFIED STRICT SCRUTINY WITH RESPECT TO COUNTS I, VI, AND VIII, BUT DENYING SUMMARY JUDGMENT ON ALL RE MAINING ISSUES AND CLAIMS - Signed by JUDGE SUSAN OKI MOLLWAY on 8/11/2023. For the reasons set forth above, the court denies the motions for summary judgment filed by both parties in this case. While summary judgment i s not granted on the entirety of any claim, the court grants summary judgment to Plaintiffs on one issue implicated by Counts I, VI, and VIIIthat the complete denial of the permit fails strict scrutiny analysis. In addition, only Spirit of Aloha Temp le, not Honig, may pursue Count II, the RLUIPA nondiscrimination claim. All other matters remain for trial. This order disposes of the motions filed as ECF Nos. 511 (Plaintiffs' motion for partial summary judgment), 513 (Defendant's concise statement in support of its motion for summary judgment that was incorrectly filed as a motion), 514 (Defendant's motion for summary judgment), 520 (Defendant's counter motion for summary judgment), and 521 (Defendant's counter motion for summary judgment, which does not appear to add much to its other counter motion). The parties are ordered to immediately contact the Magistrate Judge assigned to this case to schedule a settlement conference. The court is conscious that Plaintiffs have an appeal pending in the Ninth Circuit of this court's denial of Plaintiffs' request for preliminary injunctive relief, which relates to the issue of whether the unconstitutional administrative provision is severable from o ther provisions. This appeal is not necessarily an impediment to settlement. The parties could, for example negotiate a conditional settlement, agreeing to certain terms if the pending appeal results in an affirmance, and different terms if the result is a reversal. In any event, the parties are directed to engage in settlement discussions. (jni)
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Filing
529
ORDER REGARDING SUPPLEMENTAL BRIEFING. Signed by JUDGE SUSAN OKI MOLLWAY on 6/30/2023. (cib)
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Filing
498
ORDER GRANTING DEFENDANT STATE OF HAWAII'S MOTION FOR SUMMARY JUDGMENT WITH RESPECT TO COUNT V AND DEFENDANT COUNTY OF MAUI'S JOINDER THEREIN; ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION WITH RESPECT TO COUNT V re 473 , 475 , 482 . Defendants may not apply the unconstitutional subsection 15-15-95(c)(2), given the Ninth Circuit's decision that Plaintiffs succeed on the portion of Count V challenging subsection 15-15-95(c)(2).The court grants t he State of Hawaii's motion for summary judgment with respect to the remainder of Count V and the County of Maui's joinder therein and denies Plaintiffs' motion for a preliminary injunction. Hawaii Administrative Rules subsection 15-15 -95(c)(2), which the Ninth Circuit has determined to be unconstitutional, is severable from the remainder of section 15-15-95(c). Subsection 15-15-95(c)(3) may therefore be applied in determining Plaintiffs' eligibility for the requested Special Use Permit. The Maui Planning Commission was allowed to rely on subsection 15-15-95(c)(3) in denying the requested permit. Accordingly, Defendants are entitled to summary judgment on the remaining portion of Court V that asks this court to award Pl aintiffs the requested Special Use Permit on the ground that section 15-15-95(c) is entirely unconstitutional. Because Defendants are entitled to summary judgment with respect to that part of Count V, Plaintiffs have no likelihood of success on that part of their claim and so are not entitled to the requested preliminary injunction.In light of this order, Plaintiffs and the State are directed to confer as to the procedures applicable to the State's involvement or lack of involvement as this case moves forward. Either a stipulation or position papers on this point must be submitted to this court no later than May 1, 2023. Between now and that date, the State need not participate in matters in this case unless the matters directly concern the State.Signed by JUDGE SUSAN OKI MOLLWAY on 3/31/2023. (cib)
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Filing
453
ORDER ADOPTING (1) Findings and Recommendation To Grant In Part and Deny In Part Plaintiff Spirit of Aloha Temple's Motion For Review of Taxable Costs and (2) Findings and Recommendation To Deny Defendant The County Of Maui's Motion For Att orney's Fees and Non-Taxable Costs re 428 429 .After reviewing de novo the portions of the F&Rs objected to, and after reviewing the remainder of the F&Rs for clear error, the court adopts the F&Rs regarding the County's Bill of Costs and motion for attorney's fees. Costs of$16,458.95 are taxed against Spirit of Aloha Temple. The County's motion for fees is denied. Signed by JUDGE SUSAN OKI MOLLWAY on 3/11/2020. (cib) Modified on 3/12/2020
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Filing
451
ORDER Re: Bill Of Costs.To aid the parties in their meet and confer discussion, this court denies Plaintiff's request to stay the taxable costs pending appeal. If Plaintiff Spirit of Aloha Temple would like to stay taxable costs, it must post a bond for the full amount of those costs or have a stipulation to that effect. No later than February 21, 2020, the parties shall file a joint statement describing the results of the meet and confer.Signed by JUDGE SUSAN OKI MOLLWAY on 2/6/2020. (cib)
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Filing
279
DUPLICATE ENTRY of docket entry 277 AMENDED ORDER Granting In Part and Denying in Part Defendant Count of Maui's Motion For Summary Judgment re 277 218 . Signed by JUDGE SUSAN OKI MOLLWAY on 7/22/2019. (cib) Modified on 7/23/2019 (cib, ).
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Filing
243
ORDER Denying Plaintiffs' Motion To Certify Order of April 23, 2019, For Interlocutory Appeal Under 28 U.S.C. § 1292(b) re 241 . Signed by JUDGE SUSAN OKI MOLLWAY on 5/16/2019. (cib)
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Filing
239
ORDER Granting Defendant State of Hawaii's Motion For Summary Judgment With Respect To Count V and Defendant County of Maui's Joinder Therein, Ruling That Only "As Applied" Challenges Are Asserted With Respect To Remaining Claims, and Denying Counter Motion For Summary Judgment With Respect To Count V re 214 217 227 .For the reasons set forth above, the court grants the State of Hawaii's motion for summary judgment and the County of Maui's joinder therein a nd denies Plaintiffs' counter motion for summary judgment. That is, the court grants summary judgment in favor of Defendants with respect to the prior restraint claim asserted in Count V. With respect to the remaining counts, only factual challenges remain. The State of Hawaii is, of course, free to limit its intervention to defending against facial challenges only. Signed by JUDGE SUSAN OKI MOLLWAY on 4/23/2019. (cib)
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Filing
200
ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT re: 182 , 184 . Signed by JUDGE SUSAN OKI MOLLWAY on 7/20/2018. (afc) WRITTEN ORDER follows hearing held July 2, 2018. Minutes of hearing: ECF 199 .
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Filing
125
ORDER REGARDING DEFENDANT COUNTY OF MAUI'S SUBMISSION OF DOCUMENTS UNDER SEAL FOR REVIEW AND MOTION FOR DETERMINATION OF PRIVILEGE PURSUANT TO FED. R. CIV. P. RULE 26(b)(5)(B) re: 121 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 5/8/2017. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
109
ORDER GRANTING MOTION TO DISMISS AND/OR FOR PARTIAL SUMMARY JUDGMENT re 33 , 84 - Signed by JUDGE SUSAN OKI MOLLWAY on 1/27/2016. "Counts I to IX against the Planning Commission are dismissed, and those counts again st the County are stayed. The court declines to exercise supplemental jurisdiction over Count X and dismisses Count X without prejudice to Plaintiffs' pursuing of that claim in state court pursuant to 28 U.S.C. § 1367(d). The court stays the present case pending the state circuit court's determination of the matters raised in Count X. The court administratively closes this case and terminates all pending motions." (emt, )CERTIFICATE O F SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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