(Download) "Korean Buddhist Dae Won Sa Temple of Hawaii v. Sullivan" by Hawaii Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Korean Buddhist Dae Won Sa Temple of Hawaii v. Sullivan
- Author : Hawaii Supreme Court
- Release Date : January 09, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 111 KB
Description
At issue in these consolidated appeals is the decision of Donald Clegg, then-Director of the Honolulu Department of Land Utilization (DLU) (the Director), to deny the appellant-appellant Korean Buddhist Dae Won Sa Temple of Hawaiis (the Temples) application for a variance for its "Main Temple Hall" (the Hall), which had previously been found to exceed the allowable height limit under the zoning code. The Temple filed a total of five appeals in the First Circuit Court from the actions of the Director and the Zoning Board of Appeals (ZBA) related to this issue, all of which were unsuccessful. On appeal to this court, the Temple argues that the circuit court erred because: (1) the Director abused his discretion by failing (a) either to make a declaratory ruling that the Hall was in compliance with the applicable zoning code (b) or to grant the Temple a variance; (2) the Temple was deprived of rights guaranteed by the Hawaii Administrative Procedure Act (HAPA)--Hawaii Revised Statutes (HRS) ch. 91--and the due process clauses of the fourteenth amendment to the United States Constitution and article I, section 5 of the Hawaii Constitution, in that it was not granted a full trial-like hearing before the Director made his initial decision; (3) a direct appeal lies to the circuit court from variance and other decisions of the Director; and (4) application of the relevant height restriction to the Temple illegally burdened its right to the free exercise of religion, in violation of the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. 2000bb et seq., the first amendment to the United States Constitution, and article I, section 4 of the Hawaii Constitution.