This story was originally published by the WND News Center.

A Florida judge has been asked to dismiss a complaint by the manager of a condo association that seeks to prevent a church from holding services in the property it owns.

"Because the gravamen of plaintiff's complaint is the enforcement of a discriminatory restriction on defendant's land use for religious worship services in violation of Florida law that declared all such restrictions and covenants to be unlawful, plaintiff cannot state a cause of action. The complaint should be dismissed," explained the motion to dismiss from Liberty Counsel.

The fight involves Coastal Family Church in Flager Beach and Flagler Square-JAX, a condo association that sued to close down the church.

The church purchased part of a strip mall that is organized as a condo association, and a manager for that organization claims he can stop a church from holding services.

Liberty Counsel said it filed a motion in Seventh Judicial Circuit Court on behalf of one of the pastors of the church to dismiss a meritless lawsuit.

In July 2025, Pastor Roderick Palmer purchased a unit in the Flagler Square strip mall to use as a church home. But when services launched, the condominium association that supervises the structure with four units sued Palmer for holding "public assemblies."

The claim was that those services violate the "condominium declaration."

The complaint cited an issue with parking, which Liberty Counsel said would leave some 160 spaces available during services.

The association wants an outright court ban on "assemblies."

Liberty Counsel said that wasn't allowed under state law.

"The Florida legislature has rendered null and void all such discriminatory land use restrictions and covenants … Further, plaintiff's requested prohibition on religious services substantially burdens defendant's religious exercise in violation of the Florida Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act."

The legal team said the city commission approved the church meetings at the strip mall location, and other residents raised "no objections."

Other occupants include "Junque in the Trunk," a Dollar Tree and a police lodge, which, in fact, advertises that it holds public gatherings periodically, and is available for "rent for meetings, parties, and commercial classes."

The team said, "The entire premise of plaintiff's complaint centers on and arises from a discriminatory restriction that has become wholly inoperative, unenforceable, null, and void."

Liberty Counsel said, "Whether the association's proposed restriction is phrased as a ban on public assemblies or an outright prohibition on religious services, it violates Florida's nullification on discriminatory covenants, as well as the church's constitutional rights to religious exercise and so the case must be dismissed."

"Florida law is clear that Pastor Roderick Palmer and Coastal Family Church have the right to hold church services on church property and that restrictive covenants cannot ban religious assembly. Flagler Square – JAX, Inc. cannot target Pastor Palmer or his church while ignoring other tenants' non-religious gatherings. This meritless lawsuit must be dismissed," explained Liberty Counsel founder Mat Staver.