Religious Land Use and Zoning Leaders

National RLUIPA Experience to Help You Grow

Religious Institutions

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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The Methodist Way Forward? The Judicial Council Decision and its impact on the local Methodist Church

  • October 29, 2018
  • by Daniel P. Dalton

On Friday October 26, 2018 the Judicial Conference issued its opinion concerning the constitutionality of the One Church Plan and the Traditional Plan that will be presented to the General Conference of the United Methodist Church in February 2019. In sum, the Judicial Council ruled […]

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Court rules Chabad renovation should move forward after denial of Certificate of Appropriateness

  • September 18, 2018
  • by Daniel P. Dalton

In the summer of 2017, the law firm of Dalton & Tomich, PLC was retained, and successfully litigated, a decade old case through trial in the United States District Court in New Haven, Connecticut on behalf of Chabad Lubavitch of Litchfield County. The Chabad sued […]

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A RLUIPA win in California: West Valley Christian Center v. City of Los Angeles, California

  • September 8, 2018
  • by Daniel P. Dalton

We are pleased to report that our client, West Valley Christian Center located in the Chatsworth area of Los Angeles, has reached a tentative settlement in its religious land use case against the City of Los Angeles, California.  Permits have issued, construction has commenced and […]

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Religious liberty champion attorney Noel W. Sterett joins Dalton & Tomich, PLC, opens Illinois office

  • June 5, 2018
  • by Admin

Sterett has successfully defended the rights of congregations across the country, recently co-authored guide to help church leaders navigate RLUIPA, land use litigation process Attorney Noel W. Sterett has joined the law firm Dalton & Tomich, PLC. Sterett focuses his practice on the defense of […]

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What qualifies as a “Religious Institution” under RLUIPA

  • November 26, 2017
  • by Daniel P. Dalton

The issue of defining the term “religious institution” and determining whether an entity is a religious institution under RLUIPA (the Religious Land Use & Institutionalized Persons Act) is a question not frequently raised but important to consider in the context of a religious land use […]

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Religious Land Use Litigation – It’s more than another case

  • April 17, 2017
  • by Daniel P. Dalton

This past Friday I attended services at the Church I grew up and attended for nearly 30 years. This is the place where I was baptized, confirmed, attended eight years of elementary school then four years of high school at an affiliated school, was married […]

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Special Exceptions under Pennsylvania law

  • July 30, 2016
  • by Daniel P. Dalton

Servant’s Oasis (“Plaintiff”) is a non-denominational ministry “that exists to rescue, refresh and grow God’s people.” Servant’s Oasis sought to develop a religious retreat that would sit on three contiguous parcels of land located in Lebanon County, Pennsylvania (the “Property”), of which approximately 153 acres […]

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Variances vs. Special Exceptions: In the Matter of Tabernacle of Victory Pentecostal Church v. David P. Weiss

  • July 17, 2016
  • by Daniel P. Dalton

Tabernacle of Victory Pentecostal Church (“Petitioner”) is the owner of a certain property on the Hempstead Turnpike in Franklin Square, New York. The property is split zoned, with the front situated in a “Business District” and the rear situated in a “Residence C District.” Due […]

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Litigating Religious Land Use Claims: immunity for individual members of a City Council and Illinois State Tort & RFRA claims

  • June 30, 2016
  • by Daniel P. Dalton

  American Islamic Center (“AIC” or “Plaintiff”) provides religious and educational services to the Muslim community of the Chicago metropolitan area. In March 2011, AIC began to search for a permanent facility in which to conduct its activities. On February 6, 3012, AIC contracted to […]

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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.