Religious Land Use and Zoning Leaders

National RLUIPA Experience to Help You Grow

Author Archive

Metro South Church: How a Religious Land Use issue resolved without litigation.

  • April 24, 2012
  • by Daniel P. Dalton

On Sunday April 22, 2012, Metro South Church opened the doors of its new worship facility in Taylor, Michigan for corporate worship for the very first time. The Church secured a vacant building, empty for nearly ten years and formally used as a Sports Authority […]

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A community defending a Religious Land Use action may not identify and depose donors

  • March 18, 2012
  • by Daniel P. Dalton

May a community defending a RLUIPA action seek to identify and depose donors to a religious organization? In Tree of Life Christian School v. City of Upper Arlington, 2012 U.S. Dist, LEXIS 32205 (03.12.12) the Court answered no based on First Amendment free association concerns. […]

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Dan Dalton comments in USA Today Op Ed: “End Gender Apartheid in U.S. Mosques”

  • July 11, 2011
  • by Daniel P. Dalton

Dan Dalton quoted in USA Today op ed, “End Gender Apartheid in U.S. Mosques,” by Asra Q. Nomani. http://www.usatoday.com/news/opinion/forum/2011-07-10-muslim-women-mosques_n.htm?csp=34news

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The 5th Circuit establishes an Equal Terms test under RLUIPA

  • June 14, 2011
  • by Daniel P. Dalton

Yesterday, the Fifth Circuit Court of Appeals issued its decision in Elijah Group v. City of Leon Valley, Texas. This case has a significant impact on religious land use matters within the Fifth Circuit adn throughout the nation. Elijah Group, Inc. (“Church”) sued the City […]

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Supreme Court rules on Damages and RLUIPA

  • April 25, 2011
  • by Daniel P. Dalton

This past week, the United States Supreme Court issued its long awaited decision on RLUIPA and damages in the case of Sossamon v. Texas (08-1438). In a 6-2 decision, the majority determined that the phrase “appropriate relief” did not clearly advise states that damages were […]

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Commentary on the status of Religious Land Use in the United States.

  • April 22, 2011
  • by Daniel P. Dalton

The attorneys of Dalton & Tomich PLC were recently profiled and called on to discuss the status of RLUIPA and Religious Land Use in the Untied States. Read the article, here. http://www.legalnews.com/oakland/939570/ or below. More religious groups seeking land use resolution in court By Admin […]

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Equal Terms and RLUIPA

  • March 13, 2011
  • by Daniel P. Dalton

The second circuit was recently presented with issue of defining the equal terms provision of RLUIPA but chose not to given that it reached a conclusion to reverse the trial court on other grounds. Had it decided it would define the term, the Court would […]

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Temples, Churches and Other Religious Organizations Win Civil Rights Lawsuits Against Local Communities

  • February 24, 2011
  • by Daniel P. Dalton

Bloomfield Hills, MICH. – A Hindu faith community based near Philadelphia is among the latest in a trend toward growing numbers of religious organizations successfully defending constitutionally granted civil rights in a land use case against a United States municipality. The Adhi Parasakthi Charitable, Medical, […]

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Breaking News: the 9th Circuit Finds a City Zoning Scheme Creates a Substantial Burden

  • February 15, 2011
  • by Daniel P. Dalton

In a published opinion released just hours ago, the 9th Circuit Court of Appeals released its decision in International Church of the Foresquare Gospel v. City of San Leandro, Case No. 09-15163 where the Court reversed the decision of the lower court who granted summary […]

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The Equal Terms Provision of RLUIPA

  • February 13, 2011
  • by Daniel P. Dalton

Congress provided a separate section of RLUIPA, known as the “equal terms” provision at 42 USC 15 2000cc-(b)(1), which provides that: “No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal […]

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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.