Shawnee Mission Church pursues and wins the right to house the homeless in its building in Lenexa, Kansas.

Author Archive

Addressing Homeless Ministries through RLUIPA: Shawnee Mission Unitarian Universalist Church v. The City of Lenexa, Kansas

  • December 17, 2019
  • by Daniel P. Dalton

Shawnee Mission Unitarian Universalist Church (“Shawnee Mission Church” or “Church”) has a long and proud history of ministering to the poorest and most vulnerable populations of Lenexa, Kansas and the greater Johnson County area. Over the last several years, the Church has advanced their ministry […]

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RLUIPA Protects Homeless Shelters within Churches – Our latest case in Kansas

  • November 22, 2019
  • by Daniel P. Dalton

Today we filed suit on behalf of Shawnee Mission Unitarian Universalist Church against the City of Lenexa, Kansas, who, has used zoning to deny the Church the ability to use its building to serve the homeless in Johnson County, Kansas. At its heart, this case […]

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Using RLUIPA when appearing before local planning and zoning boards

  • November 5, 2019
  • by Daniel P. Dalton

In the past several months, we have found that the strategic use of the Religious Land Use and institutionalized Persons Act (also known as RLUIPA) can be used to successfully persuade members of a Planning Commission or Zoning Board of Adjustment / Appeals to approve […]

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Defining “religious exercise” under RLUIPA in the 8th Circuit Court of Appeals

  • September 26, 2019
  • by Daniel P. Dalton

  Today we had the opportunity to argue the parameters of RLUIPA before the Eighth Circuit Court of Appeals in St. Louis, Missouri in the case of St. John Vianney High School v. City of Kirkwood, Missouri.  In this case, the City of Kirkwood approved the renovation […]

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Happy RLUIPA Day!

  • September 22, 2019
  • by Daniel P. Dalton

On this day 19 years ago, President Bill Clinton signed into law the Religious Land Use and Institutionalized Persons Act, also known as RLUIPA. The law was passed by a unanimous Congress to enforce, by statutory right, four different constitutional prohibitions related to the development […]

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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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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.