Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, February 25, 2010
Florida Federal Court Rejects Jurisdiction In Church Homeless Shelter Challenge
In Westgate Tabernacle v. Palm Beach County, (SD FL, Feb. 18, 2010), a Florida federal district court dismissed claims by a West Palm Beach church that its federal and state constitutional rights were violated by Palm Beach County's zoning enforcement efforts against its use of its church building as a homeless shelter. The court held that it lacked jurisdiction under the Rooker-Feldman doctrine. That doctrine precludes a federal district court from reviewing a prior judgment of a state court where the federal issues involved could have been raised in that state proceeding. Here a Florida Court of Appeals had previously rejected a similar challenge to the county's requirement that Westgate Tabernacle apply for a conditional use permit. (See prior posting.) Tuesday's Palm Beach Post reported on the federal court dismissal.