Tomkiw Dalton

Tomkiw Dalton, plc has become the leader in representing all types of religious institutions and their insurers on cases brought under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc (“RLUIPA”) , either as general counsel or special litigation counsel. The firm is well versed in all aspects of operating a religious institution, from land use and RLUIPA claims, to organizational issues and employment matters. Our attorneys are sensitive to the needs of religious institutions and respect the theological doctrines of each organization with which it works.

Featured Case

George T. Paeth and Margaret C. Paeth vs. Worth Township and Barbara Cutcher
U.S District Court, Eastern District of Michigan Southern Division
Delivered April 9, 2010

Recently, Judge David Lawson of the United States District Court, Eastern District Michigan, granted partial summary judgment to, George and Margaret Paeth, clients of Tomkiw Dalton, plc in a significant land use and zoning case. Throughout the past five (5) years, the elected and appointed officials of Worth Township, Michigan have used their governmental powers in an unlawful and spiteful manner to drive the George and Margaret Paeth out of Worth Township because they dared to question the elected officials’ governance. In an attempt to construct their dream home, the Paeth’s found themselves in a constant battle with the Township and its building inspector mostly in the issuance and subsequent unlawful revocation of their water and building permits. The battle culminated in November 2007, after the Township, in losing to the Paeth’s in Sanilac Circuit Court over a zoning variance, unlawfully issued a stop work order without any basis and admittedly without providing Plaintiffs any notice or opportunity to be heard before the issuance of the stop work order, as required under Michigan state law. These acts deprived the Paeth’s of their constitutional rights – retaliation for exercise of their First Amendment Rights, their Procedural and Substantive Due Process and their right to Equal Protection under the Fourteenth Amendment – and the Township is liable for these deprivations under 42 U.S.C. § 1983. The Opinion sets for the facts of the case in greater detail. The case is set for trial before the Honorable David Lawson on August 9, 2010.