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.

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 […]

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Attorney fees available to a Prevailing Party on an Injunction

  • November 26, 2012
  • by Daniel P. Dalton
  • Category: RLUIPA

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 […]

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Dalton & 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 […]

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Dalton & 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 […]

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The 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 […]

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California 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 […]

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Second 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 […]

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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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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.