Religious Land Use and Zoning Leaders

National RLUIPA Experience to Help You Grow

Author Archive

Understanding RLUIPA – the Non-Discrimination Clause

  • February 21, 2010
  • by Daniel P. Dalton

The third area of religious discrimination Congress addressed when enacting RLUIPA is that of non-discrimination. Congress provided that “No government shall impose or implement a land use regulation

Read More

Understanding RLUIPA – the Equal Terms Provision

  • February 18, 2010
  • 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 […]

Read More

Defining “Substantial Burden” within RLUIPA

  • February 14, 2010
  • by Daniel P. Dalton

The term “substantial burden” in RLUIPA has confused and divided lower courts since it first appeared in the Act. The legislative history of RLUIPA reveals that Congress made a deliberate choice not to define “substantial burden,” but rather allow courts to utilize that definition from […]

Read More

What is the Religious Land Use and Institutionalized Persons Act (“RLUIPA”)?

  • February 11, 2010
  • by Daniel P. Dalton

RLUIPA, passed by a unanimous Congress in 2000 and signed into law by President Clinton, was proposed and enacted by Congress in response to actions taken by local government to exclude houses of worship within communities. Churches traditionally located in residential areas and the model […]

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.