Religious Land Use and Zoning Leaders

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Land Use and Zoning

The 5th Circuit Court of Appeals enforces RLUIPA against a City who singled out a religious assembly

  • September 29, 2012
  • by Daniel P. Dalton

In yet another victory for religious land use freedom, the Fifth Circuit Court of Appeals has ruled that a federal district court in Mississippi abused its discretion when it denied a church’s motion for a preliminary injunction in an action brought under the United States […]

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Second Circuit Affirms RLUIPA Decision in Favor of NY Church

  • September 27, 2012
  • by Admin

On September 24, the Second Circuit Court of Appeals affirmed a 2010 decision that found a New York town violated the constitutional rights of a Pentecostal church that owned property in the Town, effectively ending the fourteen-year saga between the parties. In 1998, Fortress Bible […]

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Ripeness and RLUIPA

  • September 10, 2012
  • by Daniel P. Dalton

An August 2012 opinion out of the Southern District of Ohio provides a recent warning to all churches in the midst of the land use and zoning process not to ignore the specifics of local zoning law from the outset as you go about plans […]

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RLUIPA includes private chapel’s

  • August 20, 2012
  • by Daniel P. Dalton

A federal court in California recently held that an individual adequately stated a claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) when he was not allowed to build a chapel on his land. In Anselmo v. County of Shasta, California, the plaintiff, […]

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Wedding ceremonies are protected under the First Amendment Free Exercise Clause

  • August 4, 2012
  • by Daniel P. Dalton

The Ninth Circuit Court of Appeals has ruled that wedding ceremonies are protected expression under the First Amendment. In Kaahumanu v. State of Hawaii, a dispute arose over regulations imposed by the State of Hawaii on the types of activities allowed on public beaches. During […]

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Applying the Establishment Clause to Public School Graduation Locations

  • July 22, 2012
  • by Daniel P. Dalton

The Seventh Circuit Court of Appeals recently overturned a Wisconsin district court and ruled that a public school district’s practice of renting the auditorium of a nearby church for graduation ceremonies violates the Establishment Clause of the U.S. Constitution. In John Doe v. Elmbrook School […]

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The Academy of Our Lady of Peace Religious Land Use case is heading to trial October 1

  • May 23, 2012
  • by Daniel P. Dalton

San Diego (May 23, 2012) – The Honorable Cathy Ann Bencivengo, United States District Court Judge for the Southern District of California, has set a trial date of October 1, 2012 in the case of Academy of Our Lady of Peace v. City of San […]

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RLUIPA and the “Effective Exclusions” of Religious Uses through Zoning

  • January 31, 2011
  • by Daniel P. Dalton

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

  • January 24, 2011
  • by Daniel P. Dalton

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

  • October 28, 2010
  • by Daniel P. Dalton

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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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.