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.
Noel Sterett to Speak at 2019 NIFLA Legal Summit About RLUIPA Protections for Pregnancy Care Centers
In May, the National Institute of Family and Life Advocates (“NIFLA”) will be hosting its annual legal summit. NIFLA has asked Dalton & Tomich attorney Noel Sterett to present on how the Religious Land Use & Institutionalized Persons Act (“RLUIPA”) can help pregnancy care ministries […]
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Racially Charged Religious Discrimination Prohibited Under RLUIPA
Although RLUIPA is mainly concerned with religious discrimination, racial animus towards a religious organization falls within the ambit of RLUIPA’s very broad protection. On February 7, 2019, the Fourth Circuit, citing the legislative history of RLUIPA, emphasized that “zoning board members or neighborhood residents explicitly offer race or […]
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Major Religious Land Use Win in Seventh Circuit Court of Appeals
Yesterday, the Seventh Circuit Court of Appeals ruled in favor of Dalton Tomich client, the Church of Our Lord and Savior Jesus Christ, in its suit against Markham, Illinois. Honorable Judges Easterbrook, Flaum, and Brennan all agreed that the district court was wrong to reject […]
Read MoreSupreme Court Rehears Important Property Rights Case with Implications for Religious Land Use Plaintiffs
Yesterday, the Supreme Court took the unusual step of having a second round of oral arguments in the case of Knick v. Scott Township. As we wrote in October 2018, the property owner in the Knick case has asked the Court to overrule its 1985 decision in Williamson County […]
Read MoreWhat the Move to Ban Single-Family Zoning May Mean for Religious Assembly Uses
Zoning is often used as a tool to protect the haves from the have-nots. The haves are those who already have homes, schools, and places of worship in a community. The have-nots are those who come to a community in search of those things. Even […]
Read MoreDalton & Tomich PLC guides Greenleaf Township, Michigan to victory in Federal Court litigation
One of the best compliments an attorney can have is when an opposing party hires the attorney who sued them in a subsequent case to defend its interest or pursue a claim. This happened to our firm when Dalton & Tomich, PLC was hired […]
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Religious liberty legal scholar and professor Christopher C. Lund joins law firm of Dalton & Tomich, PLC
Berman Prize winner and Wayne State University Law School Professor of the Year will help the Dalton & Tomich, PLC team guide religious organizations through denominational property disputes, land use and zoning cases Christopher C. Lund DETROIT – Award-winning scholar, author and professor Christopher C. […]
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No Land Use Regulation, No RLUIPA Violation
As explained more thoroughly in “Litigating Religious Land Use Cases,” RLUIPA contains five claims under its broad statutory umbrella. And while each claim has distinct and separate elements, allclaims start with: “No government shall impose or implement a land use regulation. . . .”[1]RLUIPA’s text […]
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Parking requirements for Religious Assembly: How RLUIPA helps
When it comes to abiding by land use and zoning laws, many religious assemblies and institutions face hurdles. Depending on the circumstances, meeting a city’s parking requirements can be a big one. The City of Chicago’s parking requirements, for example, seemed to be the only […]
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Kavanaugh, J., May Decide Fate of “Williamson County” Rule That Plagues Religious Land Use Cases
As we wrote in October, the Supreme Court is considering whether to overrule its decision in Williamson County in the case of Knick v. Scott Township. The Williamson County rule requires property owners to exhaust state remedies before they can ask a federal court to decide whether the government […]
Read MoreAbout 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.
Harry HoffSenior Pastor, Hope Rising Community Church, Verona, PA
In 2015, Hope Rising Community Church experienced extreme opposition, the kind that would force it to close its doors and leave behind the families and youth it was so passionate about reaching. As the lead pastor I felt helpless, inferior and as if I had no […]
Read MoreKen KalbachElder, Sovereign Grace Baptist Church, Lenox, GA
Dalton & Tomich’s assistance in our RLUIPA matter has paved the way for our church to continue serving the community and for new churches in the area to thrive in the future. Thank you from the bottom of our hearts for your stand for religious […]
Read MoreRev. Thomas OuweleenLead Pastor, The Urban Church, Warren, MI
The Urban Church will be forever grateful to Dalton & Tomich plc for navigating it through a difficult land use issue. Let them give you honest and caring advice because that’s exactly what they’ll do.
Read MoreKimberly KebleSenior Claims Adjuster, Brotherhood Mutual Insurance
Dalton & Tomich, PLC defended a complicated case at a church we insure. Not only is the firm professional, they understand how church business runs and work well within church leadership.
Read MoreRev. Demetrius BookerSenior Pastor, Lighthouse Community Church of God, Redford, MI
Dalton & Tomich, PLC helped us immensely in the areas of litigation and negotiation! Their professionalism and understanding of church policy helped our church be victorious in a modern day religious land use battle. RLUIPA Religious Land Use Case: Lighthouse Community Church of God
Read MoreMitchell CorderAdministrative Bishop Church of God, Tennessee
Dalton & Tomich, PLC serves as General Counsel for the 144 churches within the Church of God in Michigan. The firm provides the legal expertise we need in dealing with the issues that arise during the course of fulfilling our ministry.
Read MoreTim RhodusLead Pastor, Cross Church Carlinville & Staunton, IL
I met Dan Dalton during a dark time for our church. He was recommended as the leading RLUIPA attorney in the nation. He demonstrated wisdom, expertise, a gentle nature, a calming inter-relational skill, genuineness, and a humble demeanor, while at the same time, being sharp, […]
Read MoreRonnie HolmesSenior Pastor, Church of the Open Door, Waco, TX
Mr. Dalton’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. His personal interest in helping our church went “above and beyond” just the call of duty. His understanding of both legal and spiritual matters seems to uniquely […]
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