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.

Dan Dalton comments in USA Today Op Ed: “End Gender Apartheid in U.S. Mosques”

  • July 11, 2011
  • by Daniel P. Dalton
  • Category: RLUIPA

Dan Dalton quoted in USA Today op ed, “End Gender Apartheid in U.S. Mosques,” by Asra Q. Nomani. http://www.usatoday.com/news/opinion/forum/2011-07-10-muslim-women-mosques_n.htm?csp=34news

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The 5th Circuit establishes an Equal Terms test under RLUIPA

  • June 14, 2011
  • by Daniel P. Dalton
  • Category: RLUIPA

Yesterday, the Fifth Circuit Court of Appeals issued its decision in Elijah Group v. City of Leon Valley, Texas. This case has a significant impact on religious land use matters within the Fifth Circuit adn throughout the nation. Elijah Group, Inc. (“Church”) sued the City […]

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Supreme Court rules on Damages and RLUIPA

  • April 25, 2011
  • by Daniel P. Dalton
  • Category: RLUIPA

This past week, the United States Supreme Court issued its long awaited decision on RLUIPA and damages in the case of Sossamon v. Texas (08-1438). In a 6-2 decision, the majority determined that the phrase “appropriate relief” did not clearly advise states that damages were […]

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Commentary on the status of Religious Land Use in the United States.

  • April 22, 2011
  • by Daniel P. Dalton
  • Category: RLUIPA

The attorneys of Dalton & Tomich PLC were recently profiled and called on to discuss the status of RLUIPA and Religious Land Use in the Untied States. Read the article, here. http://www.legalnews.com/oakland/939570/ or below. More religious groups seeking land use resolution in court By Admin […]

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Equal Terms and RLUIPA

The second circuit was recently presented with issue of defining the equal terms provision of RLUIPA but chose not to given that it reached a conclusion to reverse the trial court on other grounds. Had it decided it would define the term, the Court would […]

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Temples, Churches and Other Religious Organizations Win Civil Rights Lawsuits Against Local Communities

Bloomfield Hills, MICH. – A Hindu faith community based near Philadelphia is among the latest in a trend toward growing numbers of religious organizations successfully defending constitutionally granted civil rights in a land use case against a United States municipality. The Adhi Parasakthi Charitable, Medical, […]

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Breaking News: the 9th Circuit Finds a City Zoning Scheme Creates a Substantial Burden

In a published opinion released just hours ago, the 9th Circuit Court of Appeals released its decision in International Church of the Foresquare Gospel v. City of San Leandro, Case No. 09-15163 where the Court reversed the decision of the lower court who granted summary […]

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The Equal Terms Provision of RLUIPA

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 […]

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So What is a “Substantial Burden” Within RLUIPA?

The term “substantial burden” in RLUIPA has confused and divided lower courts since it first appeared in the Act

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RLUIPA and the “Effective Exclusions” of Religious Uses through Zoning

One recent trend in religious land use issues that we have found is when a community effectively excludes a religious use through zoning. The typical scenario occurs when a community permits zoning in a district knowing that there is no land available to build a […]

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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.