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Lawsuit over church use of public schools continues

By Star-Advertiser staff

LAST UPDATED: 12:52 p.m. HST, May 27, 2014

A state judge allowed a lawsuit to continue Tuesday against two churches accused of fraud by underpaying to use public school facilities.

In response to a motion to dismiss the case by the defendants, One Love Ministries and Calvary Chapel Central Oahu, First Circuit Judge Virginia Crandall dismissed a portion of the lawsuit that related to a signed agreement on rental terms made by One Love Ministries and the vice principal of Kaimuki High School in 2009. 

She allowed the rest of the case to continue.

Erik Stanley, attorney for the churches, said Crandall dismissed a "substantial part of the complaint."

"We're pleased with the judge's ruling that dismissed most of the case," he said. What remains of the lawsuit are "pieces" alleging special events that didn't have the proper applications filled out, he said.

"That's something that we'll have to flesh out," he said.

James Bickerton, attorney for plaintiffs Mitch Kahle and Holly Huber, said Crandall ruled in his clients' favor.

"Most of the claims survives," Bickerton said after court.

Bickerton said the plaintiffs can start issuing subpoenas to interview people for the case next week.

Bickerton said the two churches cost public schools about $1 million in unpaid rent.

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MrMililani wrote:
Not only are these churches tax free but they refuse to pay their fair share for renting public facilities so that the rest of us are paying higher taxes since they pay none. That's not right and we have to thank this couple for trying to stop the way ordinary people like us have to pay more because of them.
on May 27,2014 | 01:35PM
AhiPoke wrote:
You're combined two separate issues. 1) The church's non-taxable status. 2) The church not paying the correct amount of rent. I agree that churches and all other non-taxable entities have an impact to our taxes. However, the fact that they may not have paid the correct amount of rent has little impact on our taxes.
on May 27,2014 | 01:58PM
lookup wrote:
Most people do not see the whole picture on this issue. These churches have paid the amount agreed upon and have done more than you all know for the individual schools on a volunteer basis. The members of the churches have volunteered numerous times through the past years by doing odd jobs such as yard work, cleaning around the school repairs etc. Has anyone complained about the volunteer work done? Has anyone acknowledged the work? Well either way the volunteer work was done for the Glory of God and not for man!!!
on May 27,2014 | 02:26PM
MrMililani wrote:
lookup...you seem confused. No one is mentioning what they have done such as volunteer work, etc. It's what the HAVE NOT done like pay the appropriate amount of rent. Try not to confuse the two. No one doubts the good...it's the bad that many are concerned about.
on May 27,2014 | 02:55PM
Lcwc wrote:
There is no confusion. Who's to say that the volunteer work they did wasn't more cost effective in saving on labor to the state than the rent they allegedly didn't pay?
on May 27,2014 | 03:13PM
MrMililani wrote:
Lcwe..that's exactly the point. Who is to say the work they did was or was not more cost effective. It's not for us to decide that one. That's why there are established norms for such things as rent, etc. I can't tell the landlord that I'll cut the grass this month so I'm going to reduce my rent payment. It doesn't work that way. They should pay their fair share and that's the bottom line.
on May 27,2014 | 03:55PM
false wrote:
yes, it's a money issue. end of story.
on May 27,2014 | 05:16PM
rayhawaii wrote:
If the churches charged the schools for all their volunteer time fixing things at the schools and other maintenance I think the bill would be in the millions.
on May 28,2014 | 03:48AM
ready2go wrote:
If the Churches had paid what was due, they wouldn't have been sued. Something's not right here. There's no Hope in dopes who don't pay their rents.
on May 27,2014 | 02:32PM
Lcwc wrote:
Follow the money. In this case, the amount that Kahle, Huber and their attorney will make. Hypocritical and disingenuous. If they care so much about state cofers and our tax money, why not go investigate all entities that use state facilities. And of course, don't collect a cent for yourselves.
on May 27,2014 | 03:11PM
jimbone wrote:
Only worried about making THEM some money off of the churches.
on May 27,2014 | 03:26PM
DowntownGreen wrote:
Do YOU work for free? That's what you are suggesting they do instead of arguing the merits of the lawsuit.
on May 27,2014 | 05:29PM
konag43 wrote:
what couple are you talking about the atheist that hate christians. this is a hate crime as far as i am concerned.
on May 27,2014 | 04:15PM
false wrote:
well there must be a lot of haters out there.
on May 27,2014 | 05:17PM
Anonymous wrote:
Oh there are but not all of them get paid to hate like these two. they have the ideal job
on May 27,2014 | 07:05PM
DowntownGreen wrote:
Then it's a good thing you aren't the one making the laws.
on May 27,2014 | 05:29PM
beachbum11 wrote:
Hohhot them right. Should get a real job like the rest of us. In the end the tax payer loss with the guys
on May 27,2014 | 10:43PM
TYRI wrote:
the amount that the churches pay (paid) must have been determined with the knowledge and consent of someone on the school administration......the school must (should) monitor all contracts to ensure that the terms are being satisfied. i don't think you sign a contract and do no follow up.....i'm sure that the administrative person's job description has this responsiblity and as such that person's pay would be increased because of this responsibility...who is that person???? that person should be held accountable
on May 27,2014 | 05:37PM
LanaUlulani wrote:

Why are they singling out and targeting Christians?

on May 27,2014 | 06:23PM
Anonymous wrote:
Because these two hate Christians . and they make a living of that hate
on May 27,2014 | 07:06PM
Kalaheo1 wrote:
I hate people who cheat our schools out of the rent they promised to pay.
on May 27,2014 | 08:19PM
Kalaheo1 wrote:
Because these Christians are cheating the schools out of the money they promised to pay in rent. If it were Muslims or Buddists cheating the schools, I expect they would "target" them too.

It's like asking "why HPD is targeting the bank robbers?"

on May 27,2014 | 08:17PM
Skyler wrote:
Kalaheo, I'm not gonna argue about the rent money. If the churches owe, they should pay. But what bugs the cr(p out of me is that Holly & Mitch are the ones pocketing the money, rather than the State. Seems to me if they really cared like they appear to, they wouldn't take a dime.
on May 27,2014 | 11:58PM
rayhawaii wrote:
True but the radical Muslims would probably blow their house up so no one would go after them.
on May 28,2014 | 03:53AM
Skyler wrote:
Gold-diggin' atheists with nothing better to do with their lives. The kala they get should go to the State - not to them.
on May 27,2014 | 11:53PM
Skyler wrote:
No offense to the other atheists, sorry.
on May 27,2014 | 11:59PM
Giligan wrote:
Go! Kahle and Huber, Go!
on May 28,2014 | 06:00AM
rayhawaii wrote:
Need more churches at the schools and rent free. They do so much good for the school and the community. So many other things with way more problems and someone has to feel strong and mighty going after these churches.
on May 28,2014 | 03:45AM
gmkhawaii wrote:
Maybe one day both of them will suffer some type of serious illness and render them both incapable of continuing to do what there doing. The question that should be answered is WHY were the churches ABLE to continue using the facilities without paying the agreed to amount? most every other entity that do not would face eviction right?
on May 28,2014 | 06:27AM
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