Religious Land Use and Zoning Blogs
Churches and other religious institutions are protected from discrimination by municipalities and other local government bodies by the Religious Land Use and Institutionalized Persons Act, better known as RLUIPA. This blog by the national leaders in religious land use and zoning law highlights RLUIPA case studies and includes commentary on related news for church leaders and others throughout the country, as well as explanations of components of the RLUIPA law.
Supreme Court Issues Major Property Rights Decision That Helps RLUIPA Plaintiffs
This morning the Supreme Court issued a major property/civil rights decision in Knick v. Township of Scott. In a 5-4 decision, the Court overruled its 1985 decision in Williamson County v. Hamilton Bank. The Williamson County decision adopted a rule which required property owners to […]
Read MoreSUPREME COURT SENDS RELIGIOUS EXERCISE CASE BACK TO OREGON FOR RECONSIDERATION
In our April 15, 2019 blog post, we discussed a petition for review that was pending before the United States Supreme Court. The petition was filed in the case of Klein v. Oregon Bureau of Labor and Industries, and it involved two bakers who claimed […]
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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
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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Appellate Lawyers Association’s Annual 7th Circuit Roundtable Luncheon a Success
Yesterday, summer associate Thomas Philbrick and I were honored to attend the Appellate Lawyers Association’s Annual Roundtable Luncheon with the Judges of the United States Court of Appeals for the Seventh Circuit. The event took place at the Union League Club in Chicago on May […]
Read MoreFederal Court Rules Hope Lutheran Church’s RLUIPA Equal Terms Claim May Proceed
This week, United States District Court Judge Paul Maloney upheld Hope Lutheran Church’s Equal Terms claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) against the City of St. Ignace. The decision is an important win for the Church in its case to […]
Read MoreU.S. Supreme Court Declines to Hear RLUIPA Equal-Terms Case
The United States Supreme Court recently had the opportunity to address several important questions regarding the Religious Land Use and Institutionalized Persons Act (RLUIPA) in Tree of Life Christian Schools v. Upper Arlington, Ohio. However, today the Court unfortunately declined to hear the case. This […]
Read MoreDalton & Tomich, PLC expands church land use and zoning practice with addition of attorney Alexander Reuter
Litigation specialist Alexander Reuter joins team that has successfully represented congregations across the country in cases under Religious Land Use & Institutionalized Persons Act (RLUIPA) Alexander Reuter DETROIT (May 6, 2019) – Dalton & Tomich, PLC today announced attorney Alexander Reuter has joined the firm’s […]
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Attorney Larry Opalewski Named a Super Lawyers Rising Star for Third Year in a Row
We are pleased to announce that attorney Larry Opalewski has been selected as a 2019 Rising Star by Super Lawyers magazine in the area of general litigation. This honor signifies excellence in the practice of law and is awarded to no more than 2.5% of […]
Read MoreFederal Court Says Stop Work Orders and Other Non-Zoning Processes Are Land Use Regulations Subject to RLUIPA
As its name suggests, the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. 2000cc et seq., governs how religious land uses may be regulated. Therefore, a threshold question for every type of claim under RLUIPA is whether a land use regulation is even […]
Read MoreIs the Supreme Court Preparing to Reconsider Key Case Which Led to Enactment of RLUIPA?
The United States Supreme Court may be poised to reconsider or even overrule one of its landmark free exercise cases–Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990). A more recent case out of Oregon, Klein v. Oregon Bureau of […]
Read MoreAbout Us
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.
Harry HoffSenior Pastor, Hope Rising Community Church, Verona, PA
In 2015, Hope Rising Community Church experienced extreme opposition, the kind that would force it to close its doors and leave behind the families and youth it was so passionate about reaching. As the lead pastor I felt helpless, inferior and as if I had no […]
Read MoreKen KalbachElder, Sovereign Grace Baptist Church, Lenox, GA
Dalton & Tomich’s assistance in our RLUIPA matter has paved the way for our church to continue serving the community and for new churches in the area to thrive in the future. Thank you from the bottom of our hearts for your stand for religious […]
Read MoreRev. Thomas OuweleenLead Pastor, The Urban Church, Warren, MI
The Urban Church will be forever grateful to Dalton & Tomich plc for navigating it through a difficult land use issue. Let them give you honest and caring advice because that’s exactly what they’ll do.
Read MoreKimberly KebleSenior Claims Adjuster, Brotherhood Mutual Insurance
Dalton & Tomich, PLC defended a complicated case at a church we insure. Not only is the firm professional, they understand how church business runs and work well within church leadership.
Read MoreRev. Demetrius BookerSenior Pastor, Lighthouse Community Church of God, Redford, MI
Dalton & Tomich, PLC helped us immensely in the areas of litigation and negotiation! Their professionalism and understanding of church policy helped our church be victorious in a modern day religious land use battle. RLUIPA Religious Land Use Case: Lighthouse Community Church of God
Read MoreMitchell CorderAdministrative Bishop Church of God, Tennessee
Dalton & Tomich, PLC serves as General Counsel for the 144 churches within the Church of God in Michigan. The firm provides the legal expertise we need in dealing with the issues that arise during the course of fulfilling our ministry.
Read MoreTim RhodusLead Pastor, Cross Church Carlinville & Staunton, IL
I met Dan Dalton during a dark time for our church. He was recommended as the leading RLUIPA attorney in the nation. He demonstrated wisdom, expertise, a gentle nature, a calming inter-relational skill, genuineness, and a humble demeanor, while at the same time, being sharp, […]
Read MoreRonnie HolmesSenior Pastor, Church of the Open Door, Waco, TX
Mr. Dalton’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. His personal interest in helping our church went “above and beyond” just the call of duty. His understanding of both legal and spiritual matters seems to uniquely […]
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