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Newly Formed Maui Temple Wins First Amendment Fight Over Zoning

Sept. 23, 2022, 3:43 PM

Maui County, Hawaii’s zoning scheme, which it used to deny a special use permit to a newly organized yoga temple, violated the First Amendment on its face, the Ninth Circuit said.

The scheme had a nexus to expressive conduct and the local zoning commission had too much discretion to implement it, the opinion by Judge Ryan D. Nelson said Thursday.

Ruling 2-1, the US Court of Appeals for the Ninth Circuit panel revived plaintiff Frederick Honig’s challenges under the amendment and the Religious Land Use and Institutionalized Persons Act.

Honig had bought 11 acres of land designated for agricultural ...