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Florida Federal Court Rejects Jurisdiction In Church Homeless Shelter Challenge

By Howard M. Friedman

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.

Full post as published by Religion Clause on February 25, 2010 (boomark / email).