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.

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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Understanding RLUIPA

RLUIPA, passed by a unanimous Congress in 2000 and signed into law by President Clinton, was proposed and enacted by Congress in response to actions taken by local government to exclude houses of worship within communities.

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A RLUIPA Win!

As noted in the Alliance Defense Blog, in Hazel Park, Michigan, city authorities have been doing their red-tape best to gerrymander a local congregation, Salvation Temple Church, out of the district. Happily, a federal judge is making it her business to introduce the town fathers […]

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New RLUIPA Suit Filed; Salvation Temple Church v. City of Hazel Park

Salvation Temple Church, is a Christian Church that entered into a purchase agreement for the purchase of property known as 25000 N. Chrysler Dr., Hazel Park, Michigan. The property, vacant since 2002 and last used as a banquet facility,

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United States Supreme Court Considers RLUIPA Damages Case

In the very near future, the United States Supreme Court will hear oral argument in Sossamon v. Texas, (Docket No. 08-1438, cert. granted 5/24/2010)

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Boulder County Appeals Adverse RLUIPA Decision to the United States Supreme Court

On Friday October 15, 2010, Boulder County filed an application for leave to appeal to the United States Supreme Court of the decision of the 10th Circuit Court of Appeals, who, affirmed a jury verdict and the entry of a permanent injunction for the Church […]

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RLUIPA at 10 years: Yes, the Law is Needed

Last week, in conjunction with the celebration of the tenth anniversary of the passage of the RLUIPA, the Department of Justice prepared a timely report on the Tenth Anniversary of the Religious Land Use and Institutionalized Persons Act and frequently asked questions with an answer […]

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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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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.