Religious Land Use and Zoning Leaders

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Equal Terms

No Land Use Regulation, No RLUIPA Violation

  • November 13, 2018
  • by Daniel P. Dalton

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

  • November 6, 2018
  • by Daniel P. Dalton

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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How a local Church won a religious land use / RLUIPA case and re-established a relationship with a local community

  • September 5, 2018
  • by Daniel P. Dalton

The Aspen Times reported today about the impact of a religious land use case litigated by Daniel Dalton a decade ago and the relationship between the church, Grace Church of the Roaring Fork, and Pitken County, Colorado. The story highlights the positive impact of the church […]

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Religious land use win establishes precedent that local governments cannot deny a religious use based on its determination of what a Church is

  • July 13, 2018
  • by Kate Brink Harrison

Irish Oaks is a non-denominational Christian church founded by a group of friends in rural Lapeer County. These friends were interested in developing their relationship with God but felt out of place in traditional, formal churches. So they decided to form their own church with […]

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Church of Our Savior dedicates its new building following RLUIPA case win

  • October 21, 2017
  • by Daniel P. Dalton

Congratulations to our client and friends at Church of Our Savior in Jacksonville Beach, Florida on the October 22, 2017 grand opening of their new Church facility. The team at Dalton & Tomich, PLC is so very honored and happy to have had the opportunity […]

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RLUIPA’S Unreasonable Limitations and Total Exclusions provisions

  • August 8, 2016
  • by Daniel P. Dalton

The case of Eagle Cove Camp & Conference Center, Inc. v. Town of Woodboro, Wisconsin is an interesting case involving, in part, RLUIPA’S least litigated claims: unreasonable restrictions and total exclusions. Eagle Cove Camp & Conference Center, Inc. (“Eagle”) sought to construct a year-round Bible […]

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Equal Terms, RLUIPA and the 7th Circuit Test: a cautionary tail of litigating religious land use claims

  • May 25, 2016
  • by Daniel P. Dalton

Truth Foundation Ministries (“TFM”) is a small church – typically hosting between 40 and 60 parishioners – that conducts Sunday worship services in Romeoville, Illinois. TFM previously held its services at a local high school, but when school district closures prevented the church from operating, […]

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Sometimes it takes a letter . . . (to the City Planning Director)

  • December 21, 2015
  • by Daniel P. Dalton

Not every religious land use case requires litigation. Every once in a while, a matter is resolved when a letter is sent to the planning director informing him or her about RLUIPA and its impact on a local government zoning regulations. That occurred this past […]

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Hope Rising Church Likely to Succeed on RLUIPA Equal Terms Claim

  • November 9, 2015
  • by Kate Brink Harrison

On October 28, Magistrate Judge Robert C. Mitchell from the U.S. District Court for the Western District of Pennsylvania ruled in favor of our client, Hope Rising Community Church, and recommended granting the Church’s Motion for Preliminary Injunction. The Church is located in Penn Hills, […]

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The status of the Church of Our Savior trial

  • October 27, 2014
  • by Daniel P. Dalton

Many of you have asked how the trial in Church of Our Savior v. Jacksonville Beach, Florida ended. The Court has taken the matter under advisement and we are waiting on a decision. By way of background, Church of Our Savior, a small Anglican congregation […]

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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.