Religious Land Use and Zoning Leaders

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Land Use and Zoning

United States Supreme Court Considers RLUIPA Damages Case

  • October 24, 2010
  • by Daniel P. Dalton

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)

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Conditional Land Use Requirements and RLUIPA

  • October 4, 2010
  • by Daniel P. Dalton

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 […]

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10th Circuit Court of Appeals Affirms the Rocky Mountain Christian Church Jury Verdict.

  • June 16, 2010
  • by Daniel P. Dalton

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 […]

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Does RLUIPA apply to Historic Preservation Designations?

  • May 21, 2010
  • by Daniel P. Dalton

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.

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Considerations in Filing a RLUIPA Lawsuit

  • April 16, 2010
  • by Daniel P. Dalton

If your religious organization is considering a RLUIPA challenge to local zoning laws, it should consider the following actions before filing a lawsuit.

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Expanding an Existing Building and RLUIPA

  • March 21, 2010
  • by Daniel P. Dalton

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?

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Understanding RLUIPA – the Non-Discrimination Clause

  • February 21, 2010
  • by Daniel P. Dalton

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

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Defining “Substantial Burden” within RLUIPA

  • February 14, 2010
  • by Daniel P. Dalton

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 […]

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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.