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.
Explaining the litigation process – what to expect when filing a land use lawsuit in Federal Court
Getting involved in a lawsuit is a time consuming, frustrating and often confusing process. The court system is not viewed as being “user friendly,” and the terminology, forms and what seem to be “picky” rules are often viewed as traps rather than a means of […]
Read MoreImmunity issues with RLUIPA and other Federal Constitutional claims
A recent decision in Muslim Community Association v. Pittsfield, Township, Case No. 12-10893 (May 22, 2013) (US DC ED SD Mich) (Duggan, J.) addresses the interesting issue of absolute legislative and qualified immunity of elected officials in the context of religious land use case. By […]
Read MoreFederal Bar Webinar on Religious Land Use and Zoning (RLUIPA)
Interested in learing more about religious land use and zoning? Dan Dalton will be presenting a webinar for the Federal Bar Association on the topic. Click here to register and learn more: http://www.benchmarkemail.com/c/v?e=2E2CE9&c=39A70&l=2093167&email=JuzqispEhFg0xCa5R4MLiXeq%2BwoAh5FONyIeD9VsXLU%3D&relid=C6EC15A
Read MoreRLUIPA Claim by Ranch Owner Seeking to Build Chapel Not Ripe for Review
In a decision last week from the Eastern District of California, the Court dismissed a RLUIPA claim asserted by a ranch owner who was prohibited from building a private chapel on his property, finding that his claim was not ripe for review. In Anselmo v. […]
Read MoreSpeaking about Land Use and Zoning
In the past five days, I have been in Nashville, Tennessee and Scottsdale, Arizona speaking to attorneys about land use and zoning litigation. In general, most attorneys who practice in this area of the law have seen a modest upswing in development from both a […]
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Resolution of the San Diego RLUIPA / Religious Land Use and Zoning Case
The final chapter has been written and the story has ended with the City of San Diego finalizing the settlement between itself and the Academy of Our Lady of Peace this past week. Several news organizations have taken an indepth review of the case and […]
Read MoreFederal Courts Split on Whether Contraceptive Mandate Provision Puts Substantial Burden on Religious Exercise
The mandate that businesses provide contraceptive coverage to their employees under the Affordable Care Act (“ACA”) or face substantial fines has led to more than 50 lawsuits against the federal government in federal courts across the country. To date there has been a split among […]
Read MoreCity of San Diego settles RLUIPA lawsuit with Academy of Our Lady of Peace,
As reported in today's San Diego Tribune and San Diego Reader the City of San Diego has dropped its opposition to the modernization plan of the Academy of Our Lady of Peace. The settlement combines cash payment, permits and relocation of homes The Academy of […]
Read MoreFederal Appeals Court Orders Georgia Mosque and City to Resolve Zoning Dispute
Last week, the Eleventh Circuit Court of Appeals ruled in Islamic Center of North Fulton, Inc. v. City of Alpharetta, Georgia, that the City and Islamic Center must work together to try to resolve a zoning dispute surrounding the Islamic Center’s proposed expansion of its […]
Read MoreRLUIPA and the Individual Mandate Cases
One more place to look for help in understanding what a “substantial burden” is within the context of the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act is the nearly fifty individual mandate cases presently being litigated throughout the United […]
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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