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.
Who can file a RLUIPA case?
The US District Court for the District of Maine recently affirmed the decision of a magistrate judge which granted the dismissal of a claim brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA). In Cassidy v. City of Brewer, Plaintiff apparently was a […]
Read MoreAttorney fees available to a Prevailing Party on an Injunction
A recent decision by the Supreme Court of the United States has firmly established that a plaintiff who is awarded an injunction but no monetary damages is in fact a “prevailing party,” and is eligible to receive appropriate attorney fees.awarded an injunction but no monetary […]
Read MoreDalton & Tomich Attorneys Secure $1.1 Million Jury Verdict in RLUIPA trial
Congratulations to Academy of Our Lady of Peace, and Dalton & Tomich attorneys as they secure a $1.1 Million jury verdict against the City of San Diego. After a two week trial in the U.S. District Court for the Southern District of California in San […]
Read MoreDalton & Tomich Attorneys Begin Federal Trial in San Diego
The attorneys of Dalton & Tomich begin a federal jury trial in the U.S. District Court for the Southern District of California in San Diego Tuesday in a suit that pits their client, an all-girls Catholic high school, against the City of San Diego. The […]
Read MoreThe 5th Circuit Court of Appeals enforces RLUIPA against a City who singled out a religious assembly
In yet another victory for religious land use freedom, the Fifth Circuit Court of Appeals has ruled that a federal district court in Mississippi abused its discretion when it denied a church’s motion for a preliminary injunction in an action brought under the United States […]
Read MoreCalifornia City to Pay $2.3 Million to Settle RLUIPA Suit
The City of San Leandro, California has agreed to a settlement agreement in which it will pay the International Church of Foursquare Gospel $2.3 million in order to end its five-year litigation with the Church. The case had worked its way through the Ninth Circuit […]
Read MoreSecond Circuit Affirms RLUIPA Decision in Favor of NY Church
On September 24, the Second Circuit Court of Appeals affirmed a 2010 decision that found a New York town violated the constitutional rights of a Pentecostal church that owned property in the Town, effectively ending the fourteen-year saga between the parties. In 1998, Fortress Bible […]
Read MoreRipeness and RLUIPA
An August 2012 opinion out of the Southern District of Ohio provides a recent warning to all churches in the midst of the land use and zoning process not to ignore the specifics of local zoning law from the outset as you go about plans […]
Read MoreRLUIPA trial begins October 9: the Academy of Our Lady of Peace v. City of San Diego
San Diego – The Honorable Cathy Ann Bencivengo, United States District Court Judge for the Southern District of California, has set a trial date of October 9, 2012 in the case of Academy of Our Lady of Peace v. City of San Diego, a precedent-setting […]
Read MoreThe use of RLUIPA to gain access to entry of a religious facility
A federal judge has granted a Temporary Restraining Order in favor of a Mosque in Tennessee. In United States v. Rutherford County, the Islamic Center of Murfreesboro and the Civil Rights Division of the U.S. Justice Department both filed lawsuits against Rutherford County, Tennessee. The […]
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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