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.
When is a claim ripe for review under RLUIPA?
One of the most vexing questions in land use law is the flawed doctrine of ripeness with respect to religious land use claims. The issue is extremely important as it affects the issue of when a lawsuit can be filed.
Read MoreIs RLUIPA constitutional?
Ten years after Congress passed the Religious Land Use and Institutionalized Persons Act, local governments still argue that RLUIPA is unconstitutional claiming that it gives religious entities an advantage in land use disputes over local communities. Federal Court’s routinely reject constitutional challenges
Read MoreExpanding an Existing Building and RLUIPA
Many of the cases involving RLUIPA occur after a religious entity has been at a location for a period of time, has grown and now wants to expand. Does RLUIPA apply where a local government refuses to allow the expansion?
Read MoreUnderstanding RLUIPA – Why We need the Law and the Impact of the Law
Before Congress enacted RLUIPA in 2000, the conventional view confirmed by judicial decisions, and lawyers like me, was that religious land uses cases would be rejected. A Harvard Law School survey of reported cases decided on the merits confirmed that religious land use plaintiffs were […]
Read MoreUnderstanding RLUIPA – the Remedies
Congress provided two remedies for religious organizations that prevail in religious lands use disputes under RLUIPA. The first is an award of attorney fees under 42 U.S.C. 1988. The second is injunctive relief and monetary damages within RLUIPA. 42 U.S.C. 2000cc-5(4)(a).
Read MoreUnderstanding RLUIPA – the Unreasonable Limitations and Exclusion Clauses
The fourth and fifth prongs of RLUIPA are the unreasonable limitations and exclusions clauses found at 42 USC 2000cc (2)(b)(2). In order establish a claim under these parts of RLUIPA, religious institutions must establish that religious assemblies have been totally excluded from a jurisdiction or […]
Read MoreUnderstanding RLUIPA – the Non-Discrimination Clause
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 MoreUnderstanding RLUIPA – the Equal Terms Provision
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 MoreDefining “Substantial Burden” within RLUIPA
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 MoreWhat is the Religious Land Use and Institutionalized Persons Act (“RLUIPA”)?
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 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 […]
Read More