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 Decides What Activities Are Religious or Central to a Religious Institution’s Mission?

When a government regulation restricts an institution’s religious exercise, the government will often argue that the restricted activity is either not religious or not central to the institution’s religious mission. This issue surfaces in a variety of different cases. In Title VII employment-discrimination cases involving […]

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Appeals court orders Litchfield borough to pay Chabad Lubavitch’s legal fees

As reported in the Torrington Register Citizen on August 19, 2019, the Second Circuit Court of Appeals affirmed the fee award for Dalton & Tomich PLC and the other attorneys who represented the Chabad in Litchfield, Connecticut in the decade long litigation over approving the […]

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Church Secures Right to Worship and $225,000 in Settlement with the City of Markham, IL

For more than six years, the City of Markham fought our client, the Church of Our Lord and Savior Jesus Christ, in both state and federal court over the church’s right to continue meeting in its sanctuary at 16018 S. Spaulding Avenue. We asserted the […]

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Talking about RLUIPA to the Arizona Bar Association: Why do we need RLUIPA when we have the Free Exercise and Establishment Clauses in the First Amendment?

I had the opportunity to talk with attorneys in Arizona about Religious Land Use and Zoning at the annual meeting of the Arizona Bar Association and was asked to address the question of why do we need RLUIPA when we have the Free Exercise and […]

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Supreme Court Issues Major Property Rights Decision That Helps RLUIPA Plaintiffs

This morning the Supreme Court issued a major property/civil rights decision in Knick v. Township of Scott.  In a 5-4 decision, the Court overruled its 1985 decision in Williamson County v. Hamilton Bank. The Williamson County decision adopted a rule which required property owners to […]

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In our April 15, 2019 blog post, we discussed a petition for review that was pending before the United States Supreme Court. The petition was filed in the case of Klein v. Oregon Bureau of Labor and Industries, and it involved two bakers who claimed […]

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The degree of a “Prevailing Party” for Attorney Fees in a RLUIPA action argued in the Second Circuit Court of Appeals

  • June 10, 2019
  • by Daniel P. Dalton
  • Category: RLUIPA

Today we argued in the Second Circuit Court of Appeals in New York City  the issue of how much success must a party have to be a “prevailing party,” to secure attorney fees recoverable under RLUIPA. The United States District Court held below that under […]

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Appellate Lawyers Association’s Annual 7th Circuit Roundtable Luncheon a Success

  • May 30, 2019
  • by Noel Sterett
  • Category: RLUIPA

Yesterday, summer associate Thomas Philbrick and I were honored to attend the Appellate Lawyers Association’s Annual Roundtable Luncheon with the Judges of the United States Court of Appeals for the Seventh Circuit. The event took place at the Union League Club in Chicago on May […]

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Federal Court Rules Hope Lutheran Church’s RLUIPA Equal Terms Claim May Proceed

This week, United States District Court Judge Paul Maloney upheld Hope Lutheran Church’s Equal Terms claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) against the City of St. Ignace. The decision is an important win for the Church in its case to […]

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U.S. Supreme Court Declines to Hear RLUIPA Equal-Terms Case

The United States Supreme Court recently had the opportunity to address several important questions regarding the Religious Land Use and Institutionalized Persons Act (RLUIPA) in Tree of Life Christian Schools v. Upper Arlington, Ohio. However, today the Court unfortunately declined to hear the case. This […]

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About Us


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.