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.

Conditional Land Use Requirements and RLUIPA

In Arnold v. Versailles-Midway-Woodford County Bd. Of Adjustment, No. 2008-CA-001850-MR, 2010 WL 668664 (Ky. App. Feb. 26, 2010), plaintiffs appealed the Circuit Court’s opinion and order affirming the determination of the Versailles-Midway-Woodford County Board of Adjustment granting a conditional land use permit to the Versailles […]

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Why RLUIPA Matters

  • June 21, 2010
  • by Daniel P. Dalton
  • Category: RLUIPA

Since January, 2010, I have flown 30256 around the United States helping religious entities in religious land use disputes. And this weekend I was reminded why RLUIPA matters at the Becket Funds’ Annual Dinner for Religious Freedom.

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10th Circuit Court of Appeals Affirms the Rocky Mountain Christian Church Jury Verdict.

In a unanimous decision, the 10th Circuit Court of Appeals upheld a jury verdict, finding that sufficient evidence was presented at trial to justify the jury’s determination that the denial of the Church’s special use application violated the equal terms provision of the Religious Land […]

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Does RLUIPA apply to Historic Preservation Designations?

In reaction to the loss of several important buildings within larger metropolitan areas in the 1950’s, communities throughout the nation began grassroots efforts aimed at providing a legal mechanism to protect local significant historic resources.

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A RLUIPA Case Study

Carlinville Southern Baptist Church, located in Carlinville, Illinois thought how blessed it was when it purchased a former Wal-Mart store in early 2008 to have a home. The Church had worshiped in its building for several years prior, but grew rapidly to the point that […]

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Considerations in Filing a RLUIPA Lawsuit

If your religious organization is considering a RLUIPA challenge to local zoning laws, it should consider the following actions before filing a lawsuit.

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When is a claim ripe for review under RLUIPA?

  • April 3, 2010
  • by Daniel P. Dalton
  • Category: 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.

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Is RLUIPA constitutional?

  • March 30, 2010
  • by Daniel P. Dalton
  • Category: RLUIPA

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

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Expanding 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?

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Understanding 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 […]

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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.