Religious Land Use and Zoning Leaders

National RLUIPA Experience to Help You Grow

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.

Explaining the litigation process – what to expect when filing a land use lawsuit in Federal Court

Getting involved in a lawsuit is a time consuming, frustrating and often confusing process. The court system is not viewed as being “user friendly,” and the terminology, forms and what seem to be “picky” rules are often viewed as traps rather than a means of […]

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Immunity issues with RLUIPA and other Federal Constitutional claims

A recent decision in Muslim Community Association v. Pittsfield, Township, Case No. 12-10893 (May 22, 2013) (US DC ED SD Mich) (Duggan, J.) addresses the interesting issue of absolute legislative and qualified immunity of elected officials in the context of religious land use case. By […]

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Federal Bar Webinar on Religious Land Use and Zoning (RLUIPA)

Interested in learing more about religious land use and zoning? Dan Dalton will be presenting a webinar for the Federal Bar Association on the topic. Click here to register and learn more: http://www.benchmarkemail.com/c/v?e=2E2CE9&c=39A70&l=2093167&email=JuzqispEhFg0xCa5R4MLiXeq%2BwoAh5FONyIeD9VsXLU%3D&relid=C6EC15A

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RLUIPA Claim by Ranch Owner Seeking to Build Chapel Not Ripe for Review

In a decision last week from the Eastern District of California, the Court dismissed a RLUIPA claim asserted by a ranch owner who was prohibited from building a private chapel on his property, finding that his claim was not ripe for review. In Anselmo v. […]

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Speaking about Land Use and Zoning

In the past five days, I have been in Nashville, Tennessee and Scottsdale, Arizona speaking to attorneys about land use and zoning litigation. In general, most attorneys who practice in this area of the law have seen a modest upswing in development from both a […]

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Resolution of the San Diego RLUIPA / Religious Land Use and Zoning Case

The final chapter has been written and the story has ended with the City of San Diego finalizing the settlement between itself and the Academy of Our Lady of Peace this past week. Several news organizations have taken an indepth review of the case and […]

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Federal Courts Split on Whether Contraceptive Mandate Provision Puts Substantial Burden on Religious Exercise

The mandate that businesses provide contraceptive coverage to their employees under the Affordable Care Act (“ACA”) or face substantial fines has led to more than 50 lawsuits against the federal government in federal courts across the country. To date there has been a split among […]

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City of San Diego settles RLUIPA lawsuit with Academy of Our Lady of Peace,

As reported in today's San Diego Tribune and San Diego Reader the City of San Diego has dropped its opposition to the modernization plan of the Academy of Our Lady of Peace. The settlement combines cash payment, permits and relocation of homes The Academy of […]

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Federal Appeals Court Orders Georgia Mosque and City to Resolve Zoning Dispute

Last week, the Eleventh Circuit Court of Appeals ruled in Islamic Center of North Fulton, Inc. v. City of Alpharetta, Georgia, that the City and Islamic Center must work together to try to resolve a zoning dispute surrounding the Islamic Center’s proposed expansion of its […]

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RLUIPA and the Individual Mandate Cases

  • February 12, 2013
  • by Daniel P. Dalton
  • Category: RLUIPA

One more place to look for help in understanding what a “substantial burden” is within the context of the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act is the nearly fifty individual mandate cases presently being litigated throughout the United […]

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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.