Religious Land Use and Zoning Leaders

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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.

Racially Charged Religious Discrimination Prohibited Under RLUIPA

Although RLUIPA is mainly concerned with religious discrimination, racial animus towards a religious organization falls within the ambit of RLUIPA’s very broad protection. On February 7, 2019, the Fourth Circuit, citing the legislative history of RLUIPA, emphasized that “zoning board members or neighborhood residents explicitly offer race or […]

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Major Religious Land Use Win in Seventh Circuit Court of Appeals

Yesterday, the Seventh Circuit Court of Appeals ruled in favor of Dalton Tomich client, the Church of Our Lord and Savior Jesus Christ, in its suit against Markham, Illinois. Honorable Judges Easterbrook, Flaum, and Brennan all agreed that the district court was wrong to reject […]

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Supreme Court Rehears Important Property Rights Case with Implications for Religious Land Use Plaintiffs

  • January 17, 2019
  • by Noel Sterett
  • Category: RLUIPA

Yesterday, the Supreme Court took the unusual step of having a second round of oral arguments in the case of Knick v. Scott Township. As we wrote in October 2018, the property owner in the Knick case has asked the Court to overrule its 1985 decision in Williamson County […]

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What the Move to Ban Single-Family Zoning May Mean for Religious Assembly Uses

  • January 16, 2019
  • by Noel Sterett
  • Category: RLUIPA

Zoning is often used as a tool to protect the haves from the have-nots. The haves are those who already have homes, schools, and places of worship in a community. The have-nots are those who come to a community in search of those things. Even […]

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Dalton & Tomich PLC guides Greenleaf Township, Michigan to victory in Federal Court litigation

  One of the best compliments an attorney can have is when an opposing party hires the attorney who sued them in a subsequent case to defend its interest or pursue a claim. This happened to our firm when Dalton & Tomich, PLC was hired […]

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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. […]

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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 […]

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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 […]

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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 […]

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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 […]

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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.