Florida church can hold services on property, reversing lower court ruling

A Florida church can hold services on its property in a strip mall that prohibits large gatherings after an appeals court reversed a lower court ruling that halted the services amid a contract dispute.

The Florida Fifth District Court of Appeal granted a request last Friday to allow Coastal Family Church in Flagler Beach to continue worship services as their legal dispute continues surrounding its use of the former Badcock Furniture in Flagler Beach's Flagler Square, a property purchased for $1.8 million last July. 

"If this Court determines the temporary injunction before us was erroneously issued, the legal and actual harm of being prohibited the right to assemble together and freely exercise their sincerely held religious beliefs would be grievous and reach constitutional dimension," stated the order.

"Being deprived of this fundamental right — for even one additional Sunday — would do irreparable harm to Appellant and its congregants. Therefore, Appellant's Emergency Motion for Stay Pending Review is granted in part solely to allow this Court to fully consider the merits of the matters raised in the Motion."

Mat Staver, founder and chairman of the Liberty Counsel, which is representing the church, said in a statement last Friday that he was "grateful for the court's quick ruling pending appeal."

"The Fifth District Court of Appeal's stay on this injunction will allow Coastal Family Church to meet for worship this Sunday and continuing until a final decision. Being deprived of religious liberty involving worship is an irreparable harm," stated Staver.

"Coastal Family Church was unconstitutionally forced to choose between cancelling worship services or be in contempt of court. Every Sunday a church is forced to close its doors inflicts irreparable spiritual and constitutional injury on its congregation."

Led by Pastor Rod Palmer, Coastal Family Church has sought to convert the former furniture store into a venue for large worship services.

However, a property covenant prohibits large gatherings at the 19,000-square-foot condo unit, and an attorney representing the former owners warned Palmer of this in an email last April.

"Please be advised and understand that you are not authorized by my client to conduct any meetings or assemblies that in any way constitute or arguably constitute violations of the use restrictions for which you have been previously provided and are fully aware of," Young & Pate attorney Mark Turner wrote.

"[I]f you disregard this request to cease and desist any arguable activities that could be interpreted or argued as use restriction violations, my client will hold you accountable and pursue appropriate legal proceedings, as may be required to protect its interest and specifically will pursue action should any legal proceedings be initiated by Flagler Square seeking any kind of damage or liability assessment based upon your activities in the subject property prior to closing."

Last month, Circuit Judge Sandra Upchurch granted a temporary injunction against the church on behalf of Flagler Square Jax Inc., which manages the local condominium units.

"Until the resolution of this case [Coastal Family Church] is enjoined effective immediately from utilizing Unit 1 as a place of public assembly and is prohibited from allowing public assemblies put on by any entity to occur there," ruled Upchurch.

"Defendant may elect to allow the property to be used for administrative purposes or for office space so long as the restrictive covenants are being followed."