Religious Land Use and Zoning Leaders

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Author Archive

State Environmental Laws and RLUIPA

  • June 15, 2016
  • by Daniel P. Dalton

When does state environmental laws impact RLUIPA?  We previously blogged on Fortress Bible Church v. Feiner, a  case where the local community improperly used the New York State Environmental Quality Review Act (“SEQRA”) to block a religious institution from building in the local community.  A […]

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Building Codes, Fire Codes and RLUIPA – Affordable Recovery Housing v. The City of Blue Island

  • June 9, 2016
  • by Daniel P. Dalton

SCENARIO: Affordable Recovery Housing (“ARH” or “Plaintiff”) is a non-profit, faith-based organization located in the City of Blue Island, Illinois (“Blue Island” or “Defendant”), on a property referred to as the “Mother of Sorrows property” (“the Property”). Since the mid-1950’s, the Mantellate Sisters of Mary […]

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Homeless Ministries and RLUIPA

  • May 27, 2016
  • by Daniel P. Dalton

Harbor Missionary Church (“the Church”), located in the City of San Buenaventura, California (“Ventura” or “the City”), provides daily chapel services, bible studies, and prayer to the community of Ventura. Specifically, the Church has devoted itself to serving the needs of Ventura’s homeless population, believing […]

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Equal Terms, RLUIPA and the 7th Circuit Test: a cautionary tail of litigating religious land use claims

  • May 25, 2016
  • by Daniel P. Dalton

Truth Foundation Ministries (“TFM”) is a small church – typically hosting between 40 and 60 parishioners – that conducts Sunday worship services in Romeoville, Illinois. TFM previously held its services at a local high school, but when school district closures prevented the church from operating, […]

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A RLUIPA & Substantive Due Process Win: Summit Church v. Randolph County, West Virginia

  • May 24, 2016
  • by Daniel P. Dalton

RLUIPA Religious Land Use Case: Summit Church – Elkins, West Virginia SCENARIO: Summit Church (“the Church”) of Elkins, West Virginia, sued the Randolph County Development Authority (“RCDA”) alleging that the RCDA’s imposed ban of churches on the former CSX railyard constituted a violation of the […]

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RLUIPA – Complete Religious Land Use Resources now available

  • April 18, 2016
  • by Daniel P. Dalton

The law firm of Dalton & Tomich PLC is proud to announce that it has prepared the very first comprehensive list of RLUIPA land use cases and Law Review Articles on its website, www.attorneysforlanduse.com The success rates and chronological listing of cases provide illustration of […]

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The Second Edition of Litigating Religious Land Use Cases

  • March 19, 2016
  • by Daniel P. Dalton

When first approached to write a book about Litigating Religious Land Use Cases in 2010, my initial reaction was how hard can it be to write a book.  You simply collect your thoughts and put them together into a package that is both interesting and helpful.  Two years […]

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Andon v. City of Newport News and the Role of Risk in RLUIPA Substantial Burden Calculus

  • March 5, 2016
  • by Daniel P. Dalton

As the saying goes, sometimes we need to risk it to get the biscuit. Little progress would be made if mankind allowed the potential for failure to discourage otherwise worthy undertakings. Unfortunately for religious institutions, the Fourth Circuit in Andon v. City of Newport News […]

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Civil RICO Claims, Mars Hills Church and the Church

  • March 2, 2016
  • by Daniel P. Dalton

It has been reported that two former families who attended and gave tithes and offerings to the former Mars Hill Church in Seattle, Washington are suing its former Pastor, Mark Driscoll, and several others alleging federal civil RICO claims. Is there a viable civil RICO […]

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Does RLUIPA apply to a religious cemetery?

  • February 2, 2016
  • by Daniel P. Dalton

In what may be the next battleground with RLUIPA, a state district court in Minnesota ruled that the decision to deny a Conditional Use Permit for a religious cemetery was arbitrary and capricious. As a result, the Court granted the Plaintiff declaratory relief. A copy […]

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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.