Religious Land Use and Zoning Leaders

National RLUIPA Experience to Help You Grow

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.

Religious liberty legal scholar and professor Christopher C. Lund joins law firm of Dalton & Tomich, PLC

Berman Prize winner and Wayne State University Law School Professor of the Year will help the Dalton & Tomich, PLC team guide religious organizations through denominational property disputes, land use and zoning cases Christopher C. Lund DETROIT – Award-winning scholar, author and professor Christopher C. […]

Read More

No Land Use Regulation, No RLUIPA Violation

As explained more thoroughly in “Litigating Religious Land Use Cases,” RLUIPA contains five claims under its broad statutory umbrella. And while each claim has distinct and separate elements, allclaims start with: “No government shall impose or implement a land use regulation. . . .”[1]RLUIPA’s text […]

Read More

Parking requirements for Religious Assembly: How RLUIPA helps

When it comes to abiding by land use and zoning laws, many religious assemblies and institutions face hurdles. Depending on the circumstances, meeting a city’s parking requirements can be a big one. The City of Chicago’s parking requirements, for example, seemed to be the only […]

Read More

Kavanaugh, J., May Decide Fate of “Williamson County” Rule That Plagues Religious Land Use Cases

  • November 5, 2018
  • by Noel Sterett
  • Category: RLUIPA

As we wrote in October, the Supreme Court is considering whether to overrule its decision in Williamson County in the case of Knick v. Scott Township. The Williamson County rule requires property owners to exhaust state remedies before they can ask a federal court to decide whether the government […]

Read More

The Three takeaways from the Third Global Gathering of the Wesleyan Covenant Association

  It was a privilege to attend the Third Annual Global gathering of the Wesleyan Covenant Association (WCA) meeting in Marietta, Georgia on Saturday November 3, 2018.  Having attended the prior gatherings in Houston, Texas and Chicago, Illinois, it was good to see how much […]

Read More

Noel Sterett Argues RLUIPA Case Before Seventh Circuit Court of Appeals on Halloween

  • November 2, 2018
  • by Noel Sterett
  • Category: RLUIPA

On Wednesday, October 31, 2018, I spent my Halloween exactly how every attorney would like to spend it:  arguing an important case in front of a panel of three of the most distinguished federal judges in the country. The Honorable Judges Easterbrook, Flaum, and Brennan […]

Read More

The Methodist Way Forward? The Judicial Council Decision and its impact on the local Methodist Church

On Friday October 26, 2018 the Judicial Conference issued its opinion concerning the constitutionality of the One Church Plan and the Traditional Plan that will be presented to the General Conference of the United Methodist Church in February 2019. In sum, the Judicial Council ruled […]

Read More

Court Enters Order Protecting Hope Lutheran Church Just Six Weeks After Suit Filed

  • October 26, 2018
  • by Noel Sterett
  • Category: RLUIPA

On September 14, 2018, Dalton & Tomich attorneys Noel Sterett and Larry Opalewski filed a federal religious land use suit on behalf of Hope Lutheran Church against the City of St. Ignace, MI. The church, which had been meeting at its property at 132 S. […]

Read More

Supreme Court Asked to Protect Religious Land Use Plaintiffs from “Williamson County” Rule

  • October 25, 2018
  • by Noel Sterett
  • Category: RLUIPA

In 1985, the Supreme Court decided a Fifth Amendment takings case called Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. The Court held that property owners had to exhaust state remedies before they could ask a federal court to decide whether the […]

Read More

Ministerial Housing Allowance Case Argued Before Seventh Circuit Court of Appeals

  • October 24, 2018
  • by Noel Sterett
  • Category: RLUIPA

This morning the Seventh Circuit Court of Appeals heard oral argument in the case involving the constitutionality of the ministerial housing allowance. Since 1954, a tax rule has allowed a “minister of the gospel” to be exempt from income tax on compensation that is part […]

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.