Religious Land Use and Zoning Leaders

National RLUIPA Experience to Help You Grow

Author Archive

Appeals court orders Litchfield borough to pay Chabad Lubavitch’s legal fees

  • August 21, 2019
  • by Daniel P. Dalton

As reported in the Torrington Register Citizen on August 19, 2019, the Second Circuit Court of Appeals affirmed the fee award for Dalton & Tomich PLC and the other attorneys who represented the Chabad in Litchfield, Connecticut in the decade long litigation over approving the […]

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Talking about RLUIPA to the Arizona Bar Association: Why do we need RLUIPA when we have the Free Exercise and Establishment Clauses in the First Amendment?

  • June 28, 2019
  • by Daniel P. Dalton

I had the opportunity to talk with attorneys in Arizona about Religious Land Use and Zoning at the annual meeting of the Arizona Bar Association and was asked to address the question of why do we need RLUIPA when we have the Free Exercise and […]

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The degree of a “Prevailing Party” for Attorney Fees in a RLUIPA action argued in the Second Circuit Court of Appeals

  • June 10, 2019
  • by Daniel P. Dalton

Today we argued in the Second Circuit Court of Appeals in New York City  the issue of how much success must a party have to be a “prevailing party,” to secure attorney fees recoverable under RLUIPA. The United States District Court held below that under […]

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Speaking about RLUIPA: Daniel Dalton at the 33rd Annual Land Use Institute in Baltimore, Maryland

  • March 6, 2019
  • by Daniel P. Dalton

Dan Dalton will be presenting a session on the Religious Land Use and Institutionalized Persons Act (commonly known as RLUIPA) at the 33rd Annual Land Use Institute in Baltimore, Maryland on Friday April 12, 2019. If you are a land use attorney attending the conference, or […]

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The Cross Church – A RLUIPA Church Land Use Success Story

  • February 24, 2019
  • by Daniel P. Dalton

It was my honor to return to Carlinville, Illinois on Sunday, February 24, 2019 to worship at The Cross Church. A decade ago, we worked with the Church and resolved a case allowing it to develop a former Walmart Store into a Church.  The once […]

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Speaking about RLUIPA: Daniel Dalton to speak at the American Planning Association Conference in San Francisco, CA. on April 15, 2019

  • February 22, 2019
  • by Daniel P. Dalton

Daniel Dalton will be presenting a session at the American Planning Association annual conference in San Francisco, California on April 15, 2019 on litigating Religious Land Use cases under the Religious Land Use and Institutionalized Persons Act, commonly known as RLUIPA. If you are one […]

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RLUIPA in the United States Supreme Court

  • February 17, 2019
  • by Daniel P. Dalton

Dalton & Tomich, PLC has been retained by the Three Hundred and Forty Two (342) parents of students who attend Tree of Life Christian School in Upper Arlington, Ohio to file an Amicus brief in support of the school’s request to have the United States […]

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Racially Charged Religious Discrimination Prohibited Under RLUIPA

  • February 7, 2019
  • by Daniel P. Dalton

Although RLUIPA is mainly concerned with religious discrimination, racial animus towards a religious organization falls within the ambit of RLUIPA’s very broad protection. On February 7, 2019, the Fourth Circuit, citing the legislative history of RLUIPA, emphasized that “zoning board members or neighborhood residents explicitly offer race or […]

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Dalton & Tomich PLC guides Greenleaf Township, Michigan to victory in Federal Court litigation

  • January 7, 2019
  • by Daniel P. Dalton

  One of the best compliments an attorney can have is when an opposing party hires the attorney who sued them in a subsequent case to defend its interest or pursue a claim. This happened to our firm when Dalton & Tomich, PLC was hired […]

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No Land Use Regulation, No RLUIPA Violation

  • November 13, 2018
  • by Daniel P. Dalton

As explained more thoroughly in “Litigating Religious Land Use Cases,” RLUIPA contains five claims under its broad statutory umbrella. And while each claim has distinct and separate elements, allclaims start with: “No government shall impose or implement a land use regulation. . . .”[1]RLUIPA’s text […]

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Dalton & Tomich, PLC is the national leader in successfully helping churches, other religious institutions and their insurers defend their rights in land use and zoning matters under RLUIPA, the Religious Land Use and Institutionalized Persons Act. We have helped clients win cases against municipalities and other local government bodies from coast to coast, with experience serving both as general counsel and special litigation counsel.