Religious Land Use and Zoning Leaders

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Religious Institutions

SUPREME COURT SENDS RELIGIOUS EXERCISE CASE BACK TO OREGON FOR RECONSIDERATION

  • June 17, 2019
  • by Noel Sterett

In our April 15, 2019 blog post, we discussed a petition for review that was pending before the United States Supreme Court. The petition was filed in the case of Klein v. Oregon Bureau of Labor and Industries, and it involved two bakers who claimed […]

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The Cross Church – A RLUIPA Church Land Use Success Story

  • February 24, 2019
  • by Daniel P. Dalton

It was my honor to return to Carlinville, Illinois on Sunday, February 24, 2019 to worship at The Cross Church. A decade ago, we worked with the Church and resolved a case allowing it to develop a former Walmart Store into a Church.  The once […]

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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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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.