The Florida Supreme Court has rejected Coastal Family Church of Flagler Beach’s request to resume in-person services at the church pending the disposition of litigation in a lower court. It is the latest defeat for the congregation of about 400 in litigation that began last August, soon after the church bought the property that used to be a Badcock furniture store.
The court’s ruling is procedural. It is not necessarily indicative of the ultimate outcome of the case.
Flagler County Circuit Judge Sandra Upchurch in January issued an injunction against Pastor Roderick J. Palmer as a trustee of the church, forbidding in-person services at the Flagler Square facility. The judge’s injunction was the result of a lawsuit filed by Flagler Square Jax, owner of two of the three units at the shopping center (one of the units is subdivided into several storefronts).
Flagler Square contends that the church violated covenants forbidding large assemblies there. The church contends Flagler Square is applying the covenants capriciously and unequally.
The church appealed to the Fifth District Court of Appeal on First Amendment grounds, citing the right to free assembly and freedom of religion. It also filed an emergency motion to stay the injunction–to allow for services while the case was making its way to a disposition. After allowing services for a few days, the appeals court denied the emergency motion. The church then filed a similar motion with the Florida Supreme Court.
On April 14, five justices concurred in denying the motion. That means no in-person services at Coastal Family Church at least until the case at the Fifth District is resolved, which could be weeks or months.
“A temporary injunction is appropriate as the ongoing injury and harm to [Flagler Square] outweighs any potential harm to the [Palmer] especially since [Palmer] went into his ownership with eyes wide open, aware of the restrictive covenant, and chose to operate in violation of same making expenditures all along the way in furtherance of the known violation,” Flagler Square argued.
The pastor and Flagler Square have been trading motions and arguments at the Fifth District level. Flagler Square two weeks ago filed a motion to recover attorneys’ fees and costs, even though the court has not yet ruled. It would not be unusual for the losing party to pay the winning party’s fees. Palmer and the church are represented pro bono (meaning at no cost to the church) by the Liberty Counsel, an Orlando-based nonprofit that represents many parties in religious-expression cases. Flagler Square Jax is represented by David Black of the Plantation-based Frank, Weinberg & Black law firm.
“One of the tenants of my client and the property,” Black told the judge in a mid-January hearing that preceded the injunction, “is Dollar Tree Stores, a national tenant. And as you’re probably aware from other cases, national tenants are very particular in what they will allow or not allow when they lease property in shopping centers from commercial landlords. They’re very concerned with things such as visibility, parking, other construction, co-tenancies, other operations. Those are things that are found within almost every national commercial landlord/tenant lease. That applies in this particular case.”
The property’s “declarations” state that as long as the Dollar Tree is there, restrictions apply for other units’ occupants. “Number 19 of that list is, there cannot be a banquet hall, auditorium, or other place of public assembly. That’s a specific, explicit preclusion,” Black said. He told the judge the church facility’s 18,000 square feet has a total capacity of 2,400, a number the church disputes.
Avery Hill, an attorney with Liberty Counsel, cited a 2020 state law that he said extinguishes “any discriminatory restrictions on property. In this case, we are dealing with a discriminatory restriction, one that’s religiously discriminatory.”
“It’s not discriminatory unless you prove to me that it’s discriminatory,” the judge said. “Just saying that a public assembly can’t happen is not in and of itself discriminatory, correct?” The attorney agreed, but said the discrimination extends even to the parking area, which was not experiencing congestion.
For Roderick, the lawsuit is just one of three civil suits in which he is a named defendant, all filed in the last eight months.
In late February, American Express National Bank sued him and Business Suites Corporation over a debt of $327,920 on which financing payments have allegedly stopped. Business Suites Corporation is registered to Zander Burger, a Palmer associate of Palmer’s.
On April 15, Palmer, Burger and Business Suites Corporation were named defendants in a foreclosure suit over a Sea Colony property at 28 Sea Vista Drive, Palm Coast, over a $1 million loan whose interest payments of $10,000 a month were to start on Aug. 1, 2023. According to the lawsuit, there were no payments in January and February, promoting a notice by Fred Rebarber, who issued the loan, that he would sue for foreclosure.
In an email to FlaglerLive on April 29, Palmer wrote: “My role with Business Suites Corporation was limited to a temporary administrative appointment while Mr. Zander Burger was out of the country. My involvement ended well before any of the matters referenced in your article arose, and I had no participation in or responsibility for the obligations or litigation discussed.”
Skibum says
Hmmm… just the latest in a string of unpaid debt, bad decisions and potential fraud on the part of this pastor. This “lamb” of God appears to be trying to pull the wool over the court system’s eyes, and it is not succeeding.
Jay Tomm says
I miss the furniture store…….
R.S. says
I don’t quite understand the reason for the restriction of use of the space. I am sure that the original owner of the furniture store would have been thrilled with as large a group of consumers visiting the store. What other than visiting each other as a group would a church be doing. I am much more offended and concerned with the flaunting of unconstitutional prayers of our WAR SECRETARY or the Savior President’s self-portrayal than the meeting place of this obviously small church group. Besides, “large” is a relative term; in what sense can a group of 400 be a “large group”? I wonder whether there is not more going on than meets the eye here.
Skibum says
Years ago in a previous state that I lived in, I wanted to go into a book store that was located in a strip mall type of shopping plaza. A few doors down was a Gold’s Gym. I remember driving there a couple of times on the weekend and driving around and around, only to realize there was NO available parking due to the amount of people who were frequenting the gym. I decided I didn’t want to go into the book store THAT bad, and I just left and went on with my day.
Now, does that give you a clue as to why the restrictions on large assemblies and gatherings was put in place? I have eaten at the restaurant in this shopping plaza numerous times, including on the weekend. There are other breakfast spots in the area that I enjoy. If I came upon a jammed parking lot because of 400 people attending church, parking their cars everywhere and not allowing the other businesses to have any available parking for their customers, who in their right mind is going to spend unnecessary time driving around and around, or worse yet, parking some distance away, just to go into one business? My spouse is confined to a wheelchair, and that makes it even more difficult when looking to park somewhere.
No, there was a very good reason for the developer to put such a restriction in writing for that shopping plaza. The pastor absolutely knew of it right up front, and he intentionally thumbed his nose and thought wrongly that he could do whatever the hell he wanted, regardless.
Now he is finding out that there is no divine intervention for him or his church. They need to adhere to the same rules and regulations that other businesses in that shopping plaza have been following, because real estate law is actually law, not suggestions.
Anonymous says
The church had people monitor the parking. There was no church goers parking anywhere near the restaurant. They barber parked past the end of the church building.
Skibum says
The only reason why that pastor who bought that building would have had people out there monitoring parking was because he knew full well that he was in the wrong for going against the restrictions and he was facing a lawsuit for doing what he was told NOT to do.
R.S. says
You seem to hold law in way too high an esteem, Skibum; there is such a matter as human decency in trade also. If I know what the property is being bought for and what it is fit for, I have a moral obligation not to sell the property. The legal apportionment of guilt falls flat on its face when measured by fundamental human decency. And so, I do maintain that in terms of moral obligation, both have to bear it. And the pox on the poorly written legislation.
Skibum says
You make a good point and I won’t deny that it behooves people to act decently when conducting all types of business transactions. There is nothing that I have seen in this real estate transaction that would indicate to me that didn’t happen. Whether or not that was the case is quite irrelevant as far as statutory law goes.
And how one defines “decency” is up to individual interpretation, isn’t it? Kind of like trying to write a law for common sense.
R.S. says
Thank you for the illumination, Skibum; but did not the seller also know the restriction and the pastor’s purpose? The onus is shared, no?
Skibum says
The seller did exactly what they were legally obligated to do, which was to be transparent and disclose the restrictions. The seller is not responsible for another person’s bad judgement and decisions.
If you had your house for sale, and someone who wanted to buy it told you they were going to use that property to open some type of business that it was not zoned for, knowing full well that they could not do what they wanted but they bought your house anyway, YOU aren’t responsible and cannot be held liable for the dumb decisions that the buyer might make after the sale of your house closes. You don’t even need to know what the zoning is for the area your house is in. That’s on the buyer, especially if the buyer is wanting to do something with the property that was different than what was already there.
If your house was in an area governed by an HOA and it was properly disclosed to the buyer, and the buyer violated the HOA covenant after the purchase, why in the world would you think you as the seller should bear some responsibility? That makes no sense, and it is the same thing for this business that was sold legally after the seller warned the buyer about the restrictions.
Valerie Palmer says
It was rezoned and approved, legally by City Council
How says
Yes, because your husband, Rod Palmer LIED to the Flagler Beach ARC committee and to the Flagler Beach City Council saying he had obtained permission from the owners to conduct church services in the building. That was an outright LIE so he could get his way. Rod Palmer had been told multiple times in writing that no church could gather there. Now you are trying to invoke that rezoning permission to bolster your argument to the courts and claim religious persecution. He LIED to the Flagler Beach government and that is the only reason the property was rezoned. Flagler Beach needs tax dollars and your husband tricked city government. This is a matter of public record. Stop playing the victim!
Kendall says
Typical behaviour of a “Christian pastor.” They all think they are above rules.
Bob The Builder says
Once again…justice prevails. I honestly can’t figure out what Palmer was thinking during the process of this purchase although it now appears that he is involved in multiple failed business ventures. If I was a member of that church, I would be seeking a different place of worship in a big hurry.
Liar Liar Pants on Fire says
As someone who attended this church, I feel deceived and sick over the revelation Pastor Rod is involved in other lawsuits and owes so much money. I remember meeting at the location next to Dollar Tree and Pastor Rod asked each of us to donate $4,000.00 to “pay for our chair”. A few weeks later he asked us to loan any amount of money that we could to pay the down-payment on that building and he would pay us back. This is terrible news. I can’t believe we were tricked by a church leader. Now hundreds of us have had to disperse and find new places to worship. What a black mark on our community!
Skibum says
Sorry to hear that you were one of those who were deceived by this pastor. He is certainly not the first man of God to go bad, and won’t be the last.
Valerie Palmer says
It’s deeply disappointing that after being asked to correct and remove your accusations against Pastor Roderick Palmer in the final chapters of your article, you instead chose to attach only a portion of his letter.
My husband is a reputable and honest man of integrity. What you have publicly stated—without having all the facts—is both harmful and unfair. His letter to you was respectful, non-threatening, and clearly outlined the truth, yet you still chose a different course.
We will continue to take the higher ground and will not be influenced by biased or one-sided narratives.
Valerie Palmer says
No one was deceived and this persons comments are not justified! Sad you feel this way and a great tip:
Talk to us before you talk ABOUT us. Good, basic Christian principle – and yes, none of us are perfect
It’s deeply disappointing that after being asked to correct and remove your accusations against Pastor Roderick Palmer in the final chapters of your article, you instead chose to attach only a portion of his letter.
My husband is a reputable and honest man of integrity. What you have publicly stated, without having all the facts, is both harmful and unfair. His letter to you was respectful, non-threatening, and clearly outlined the truth, yet you still chose a different course.
We will continue to take the higher ground and will not be influenced by biased or one-sided narratives.
Dog Gone says
Einstein
The word God is for me nothing but the expression and product of human weaknesses” The Bible a collection of “primitive legends,”
Pogo says
Atheism as a religion
…another refuge for those careless with the truth:
https://www.google.com/search?q=Einstein+The+word+God+is+for+me+nothing+but+the+expression+and+product+of+human+weaknesses
Ibid
https://www.google.com/search?q=einstein+on+god
R.S. says
A god actually lends no consistency to the moral stance of clergy or anyone else. Case in point: Hegseth, Trump, and Pope Leo. Hegseth prays to god for the destruction of his enemies; Trump sees himself in the role of Dr. Savior; and Pope Leo is certain that god does not listen to prayers from people who’ve got blood on their hands. So, where’s the divine consistency?
ROBERT C ZIEL says
It is true that Pastor Rod Palmer was named in the Amex and Sea Colony Trust accounts but his name was removed before both accounts went into default. This partial information does nothing more than target Pastor Rod as the problem rather than focus on the progress of the current lawsuit by Flagler Square Jax vs Coastal Family Church. I do appreciate that this article put both Liberty Counsel and Frank, Weinberg & Black on equal footing and not report “opinions” that Liberty Counsel is a hate group. Let’s stay focused on the complete facts as this case proceeds and not resort to disparaging opinions and comments. Thank you Flagler Live for continuing to report on the progress in the court system to update our local residents and businesses.
Bob Ziel
Palm Coast
Former Coastal Family Church member says
Pastor Rod and Liberty Counsel are twisting the facts. Rod Palmer knew BEFORE he purchased the building that there could be no public gathering. Yet he decided to proceed. This issue was kept secret from church members. We had a right to know where OUR MONEY was going. This was a bad investment. Trying to frame this as religious persecution is ludicrous. Pastor Rod was WARNED in writing several times that there could be no gathering in that space. He chose to sign papers and purchase the building anyway. Now he crying wolf. All of are paying the price for his selfish choice. We have nowhere to call home. The Florida Supreme Court DENIED the motion to lift the injunction.
Valerie Palmer says
It’s deeply disappointing that after being asked to correct and remove your accusations against Pastor Roderick Palmer in the final chapters of your article, you instead chose to attach only a portion of his letter.
My husband is a reputable and honest man of integrity. What you have publicly stated—without having all the facts—is both harmful and unfair. His letter to you was respectful, non-threatening, and clearly outlined the truth, yet you still chose a different course.
We will continue to take the higher ground and will not be influenced by biased or one-sided narratives.
Also, this was NOT kept secret from the church.
Valerie Palmer says
Thank you for your love, support and taking the time to speak to us Bob. Love and appreciate you.
Unfortunately, opinion and presumption cause nothing but division and strife, and there’s a whole lot of that happening here.
The truth will prevail
Nicky says
The balanced reporting on the legal part of this case is appreciated. It’s clear that there is fault on both sides – on the church for entering the space before guaranteeing their right to do so, and on Flagler Square for picking and choosing its enforcement seemingly with ulterior motives. I don’t think these pastors attempted to deceive anyone but they probably could’ve made better choices. I don’t think Flagler Square is without a case but they just feel like they’re acting in bad faith.
I agree with commenters that the information about Palmer’s other suits seems incomplete. If he has a response to these reports, I want to read it in full. This is necessary context but only in its entirety. Without a complete explanation from Palmer as he intended it, fact-checked as well as possible, we don’t have all the facts.
Still, the overall report is mostly fair.
BMW says
Well, at least one member of the PAR Board had read the Condominium Declaration and questioned the legality of the Church being able to operate in that location.
Anonymous says
What is the PAR board?
Bob the Builder says
This case is NOT about zoning. Zoning status is completely irrelevent in this particular case.
This case is NOT about religious persecution despite the church’s claims.
This case is NOT about the other tenants in that mall.
This case is SOLELY about the deeded restrictions that were recorded PRIOR to church officials ever looking at this property.
Yet those deeded restrictions were recorded AFTER the other tenants were already in place which means that those particular tenants are NOT subject to those restrictions unlike the church.
The church officials were warned in writing on more than one occasion that those deeded restrictions would NOT allow the use of that space as a place of assembly.
Despite those warnings, the church arrogantly decided to ignore the warnings and then proceeded to purchase that property. They then spent a large sum of their congregation’s funds on renovations.
The fact that the City officials approved those renovation plans has NO bearing on the use of the property. The plans simply met building and zoning codes so the City HAD to approve them.
The City’s approval does NOT supercede those deeded restrictions in any way, shape, or form.
The court has already indicated their position in this case on at least three different occasions which is why the church cannot currently use that property as they had erroneously hoped.
The court will not allow this violation of contract/property law to stand. Doing so would set a legal precedent that would upend Florida laws and open a Pandora’s box of legal issues that would undermine the basics of our State legal sysyem.
The church was wrong and will ultimately lose this case in my opinion.
Suzy Homemaker says
This church member agrees with Bob the Builder. But to me it is already a Pandora’s box and extremely disappointing. The church congregation was never told before closing of the clause of no assembly and this clause should have been cause for pause. I actually learned of all the warnings to Pastor Rod off of the court exhibits that were on Flagler Live from the letter by the former owner and Flagler Square’s injunction letters and documents. Extremely disappointed that the churches laundry has to be hung out for public viewing.
Jim Bakker all over again says
Absolutely spot on!