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.

Ripeness 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 […]

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RLUIPA trial begins October 9: the Academy of Our Lady of Peace v. City of San Diego

  • September 3, 2012
  • by Daniel P. Dalton
  • Category: RLUIPA

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 […]

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The 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 […]

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RLUIPA includes private chapel’s

A federal court in California recently held that an individual adequately stated a claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) when he was not allowed to build a chapel on his land. In Anselmo v. County of Shasta, California, the plaintiff, […]

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Wedding ceremonies are protected under the First Amendment Free Exercise Clause

The Ninth Circuit Court of Appeals has ruled that wedding ceremonies are protected expression under the First Amendment. In Kaahumanu v. State of Hawaii, a dispute arose over regulations imposed by the State of Hawaii on the types of activities allowed on public beaches. During […]

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Applying the Establishment Clause to Public School Graduation Locations

The Seventh Circuit Court of Appeals recently overturned a Wisconsin district court and ruled that a public school district’s practice of renting the auditorium of a nearby church for graduation ceremonies violates the Establishment Clause of the U.S. Constitution. In John Doe v. Elmbrook School […]

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Equal Treatment under RLUIPA

A federal district court in the Northern District of Illinois recently denied a religious organization’s motions for preliminary injunction against the City of Blue Island, Illinois. In Affordable Recovery Housing v. The City of Blue Island, the plaintiff Affordable Recovery Housing (ARH) leased a property […]

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Establishing religious beliefs under RLUIPA

  • July 1, 2012
  • by Daniel P. Dalton
  • Category: RLUIPA

The Wisconsin Court of Appeals for District IV recently overturned a dismissal of an action by the County of Jackson against Joni L. Borntreger for failure to obtain a zoning permit before building a sawmill on his property. In County of Jackson v. Joni L. […]

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Religious Land Use update

There has been a string of recent decisions concerning religious land use that significantly impact religious land decisions in the United States. A sample of the cases follow: In Liberty Temple Full Gospel Church, Inc. v. Village of Bolingbrook, No. 11C2173, 2012 WL 1230728 (N.D.Ill. […]

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Bridging the Cultural Gap with Religious Entities

  • June 18, 2012
  • by Daniel P. Dalton
  • Category: RLUIPA

What role does religion play in land use? Imagine these scenarios: A local Church encourages its members to host small group Bible studies to develop close relationships within the church family. A family begins to host a few people for weekly prayer and discussion in […]

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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.