Land Use and Zoning
United States Supreme Court Considers RLUIPA Damages Case
In the very near future, the United States Supreme Court will hear oral argument in Sossamon v. Texas, (Docket No. 08-1438, cert. granted 5/24/2010)
Read MoreConditional Land Use Requirements and RLUIPA
In Arnold v. Versailles-Midway-Woodford County Bd. Of Adjustment, No. 2008-CA-001850-MR, 2010 WL 668664 (Ky. App. Feb. 26, 2010), plaintiffs appealed the Circuit Court’s opinion and order affirming the determination of the Versailles-Midway-Woodford County Board of Adjustment granting a conditional land use permit to the Versailles […]
Read More10th Circuit Court of Appeals Affirms the Rocky Mountain Christian Church Jury Verdict.
In a unanimous decision, the 10th Circuit Court of Appeals upheld a jury verdict, finding that sufficient evidence was presented at trial to justify the jury’s determination that the denial of the Church’s special use application violated the equal terms provision of the Religious Land […]
Read MoreDoes RLUIPA apply to Historic Preservation Designations?
In reaction to the loss of several important buildings within larger metropolitan areas in the 1950’s, communities throughout the nation began grassroots efforts aimed at providing a legal mechanism to protect local significant historic resources.
Read MoreConsiderations in Filing a RLUIPA Lawsuit
If your religious organization is considering a RLUIPA challenge to local zoning laws, it should consider the following actions before filing a lawsuit.
Read MoreExpanding an Existing Building and RLUIPA
Many of the cases involving RLUIPA occur after a religious entity has been at a location for a period of time, has grown and now wants to expand. Does RLUIPA apply where a local government refuses to allow the expansion?
Read MoreUnderstanding RLUIPA – the Non-Discrimination Clause
The third area of religious discrimination Congress addressed when enacting RLUIPA is that of non-discrimination. Congress provided that “No government shall impose or implement a land use regulation
Read MoreDefining “Substantial Burden” within RLUIPA
The term “substantial burden” in RLUIPA has confused and divided lower courts since it first appeared in the Act. The legislative history of RLUIPA reveals that Congress made a deliberate choice not to define “substantial burden,” but rather allow courts to utilize that definition from […]
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 […]
Read More