ORLANDO, Fla. -- A federal judge has halted efforts to evict a church from property it has operated in for 10 years, according to a news release.
District Judge Gregory Presnell issued a temporary restraining order preventing Orange County officials from evicting Open Homes Fellowship.
The order will remain until Presnell decides whether to grant an injunction allowing the church to stay on its property until a federal suit the church filed is decided.
Matthew D. Staver, president and general counsel of Liberty Counsel, an Orlando-based legal defense organization specializing in religious freedom, said he was pleased with the judge's ruling.
"We are elated that the judge issued a TRO to prevent Open Homes from being evicted from its property," Staver said in the release. "It is abundantly clear that Open Homes would suffer great harm should it be forced to move off its property while the case is pending."
Open Homes filed the lawsuit alleging the county's attempts to evict it violated federal law and the county's zoning code was unconstitutional.
Open Homes purchased the property in 1993 after receiving assurances from county officials that it had proper zoning to locate and minister on the property, according to the release.
The church has operated a drug and alcohol rehabilitation program there since it opened.
In June, the church was cited for operating without proper zoning approval and was denied a special exemption permit. The county gave the church until Sept. 8 to vacate the property.
Staver said he anticipates the judge will ultimately rule in favor of the church.
"We are confident that the judge will issue a preliminary injunction allowing Open Homes to stay on the property while the case is pending and are confident that, ultimately, Open Homes will be given the right to stay on its property permanently," he said.
Presnell set a hearing date for July 23.





