Religious Land Use and Zoning Leaders

National RLUIPA Experience to Help You Grow

First Amendment

Why We Fight for Religious Liberty

  • December 10, 2019
  • by Noel Sterett

I just read attorney Luke Goodrich’s excellent new book entitled Free to Believe:  The Battle Over Religious Liberty in America. Because we have the privilege at Dalton & Tomich of being on the front lines of that battle, I read the book with great interest. […]

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Coronavirus Impact: Drive-In Church Services

  • May 1, 2020
  • by Adel Nucho

Prohibiting Sunday church services—even when attendees remain in their cars—is “beyond all reason, unconstitutional,” a federal judge exclaims in Kentucky. By now, we are all aware of COVID-19 and the ongoing public health crisis. As a result, wherever you are in the United States, you […]

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Addressing Homeless Ministries through RLUIPA: Shawnee Mission Unitarian Universalist Church v. The City of Lenexa, Kansas

  • December 17, 2019
  • by Daniel P. Dalton

Shawnee Mission Unitarian Universalist Church (“Shawnee Mission Church” or “Church”) has a long and proud history of ministering to the poorest and most vulnerable populations of Lenexa, Kansas and the greater Johnson County area. Over the last several years, the Church has advanced their ministry […]

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A Religious Land Use Win in Oregon – Home Church and Wedding Ministry are Permissible Uses of Land

  • September 7, 2016
  • by Daniel P. Dalton

The law firm of Dalton & Tomich PLC is pleased to announce that our client Shepherdsfield Church prevailed in its land use dispute in central Oregon this week.  In this landmark decision, the administrative hearing officer found that home churches and wedding ministries are permitted […]

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Does RLUIPA apply to fortune tellers?

  • August 8, 2016
  • by Daniel P. Dalton

In Patricia Moore-King v. County of Chesterfield, the Court was asked if RLUIPA applies to fortune tellers. The answer is No, at least in the Fourth Circuit. Patricia Moore-King (“Moore-King” or “Plaintiff”) brought suit against the County of Chesterfield, Virginia (the “County” or “Defendant”) challenging the […]

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Ripeness, Finality and Subject Matter Jurisdiction on Justiciable Land Use Claims: Sunrise Detox V, LLC v. City of White Plains

  • July 16, 2016
  • by Daniel P. Dalton

  Sunrise Detox V, LLC (“Sunrise”) sought to establish a facility in White Plains, New York (the “City”) for individuals recovering from drug or alcohol addiction. To accomplish its goal, Sunrise applied for a special use permit for its proposed facility: a building located in […]

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Prior approval to assemble and use a building for Church and the subsequent demand to leave: RLUIPA and Substantial Burden concerns

  • July 14, 2016
  • by Daniel P. Dalton

The Church of Our Lord and Savior Jesus Christ (“Plaintiff” or “Church”) brought suit against the City of Markham, Illinois (“Defendant” or “City”), following the City’s denial of a special use permit to allow Plaintiff to operate a church in an area zoned residential. Upon […]

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Denominational Trust Clauses: Indiana’s Adoption of Trust Clause Interpretation

  • June 27, 2016
  • by Daniel P. Dalton

  The Church of the Brethren, South/Central Indiana District (“the Denomination”) is composed of forty-five Church of Brethren congregations located across Indiana, and dates back to 1708. The Roann Church of Brethren, Inc. and the Roann Church, Inc. (“the Congregation”) traces its origins to mission […]

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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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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.