Religious Land Use and Zoning Leaders

National RLUIPA Experience to Help You Grow

Author Archive

10th Circuit Court of Appeals Affirms the Rocky Mountain Christian Church Jury Verdict.

  • June 16, 2010
  • by Daniel P. Dalton

In a unanimous decision, the 10th Circuit Court of Appeals upheld a jury verdict, finding that sufficient evidence was presented at trial to justify the jury’s determination that the denial of the Church’s special use application violated the equal terms provision of the Religious Land […]

Read More

Does RLUIPA apply to Historic Preservation Designations?

  • May 21, 2010
  • by Daniel P. Dalton

In reaction to the loss of several important buildings within larger metropolitan areas in the 1950’s, communities throughout the nation began grassroots efforts aimed at providing a legal mechanism to protect local significant historic resources.

Read More

A RLUIPA Case Study

  • April 24, 2010
  • by Daniel P. Dalton

Carlinville Southern Baptist Church, located in Carlinville, Illinois thought how blessed it was when it purchased a former Wal-Mart store in early 2008 to have a home. The Church had worshiped in its building for several years prior, but grew rapidly to the point that […]

Read More

Considerations in Filing a RLUIPA Lawsuit

  • April 16, 2010
  • by Daniel P. Dalton

If your religious organization is considering a RLUIPA challenge to local zoning laws, it should consider the following actions before filing a lawsuit.

Read More

When is a claim ripe for review under RLUIPA?

  • April 3, 2010
  • by Daniel P. Dalton

One of the most vexing questions in land use law is the flawed doctrine of ripeness with respect to religious land use claims. The issue is extremely important as it affects the issue of when a lawsuit can be filed.

Read More

Is RLUIPA constitutional?

  • March 30, 2010
  • by Daniel P. Dalton

Ten years after Congress passed the Religious Land Use and Institutionalized Persons Act, local governments still argue that RLUIPA is unconstitutional claiming that it gives religious entities an advantage in land use disputes over local communities. Federal Court’s routinely reject constitutional challenges

Read More

Expanding an Existing Building and RLUIPA

  • March 21, 2010
  • by Daniel P. Dalton

Many of the cases involving RLUIPA occur after a religious entity has been at a location for a period of time, has grown and now wants to expand. Does RLUIPA apply where a local government refuses to allow the expansion?

Read More

Understanding RLUIPA – Why We need the Law and the Impact of the Law

  • March 16, 2010
  • by Daniel P. Dalton

Before Congress enacted RLUIPA in 2000, the conventional view confirmed by judicial decisions, and lawyers like me, was that religious land uses cases would be rejected. A Harvard Law School survey of reported cases decided on the merits confirmed that religious land use plaintiffs were […]

Read More

Understanding RLUIPA – the Remedies

  • March 9, 2010
  • by Daniel P. Dalton

Congress provided two remedies for religious organizations that prevail in religious lands use disputes under RLUIPA. The first is an award of attorney fees under 42 U.S.C. 1988. The second is injunctive relief and monetary damages within RLUIPA. 42 U.S.C. 2000cc-5(4)(a).

Read More

Understanding RLUIPA – the Unreasonable Limitations and Exclusion Clauses

  • March 1, 2010
  • by Daniel P. Dalton

The fourth and fifth prongs of RLUIPA are the unreasonable limitations and exclusions clauses found at 42 USC 2000cc (2)(b)(2). In order establish a claim under these parts of RLUIPA, religious institutions must establish that religious assemblies have been totally excluded from a jurisdiction or […]

Read More
About Us

logo

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.