Religious Land Use and Zoning Leaders

National RLUIPA Experience to Help You Grow

Religious Institutions

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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Denominational Trust Clauses: Indiana’s Adoption of Trust Clause Interpretation

  • June 27, 2016
  • by Daniel P. Dalton

  The Church of the Brethren, South/Central Indiana District (“the Denomination”) is composed of forty-five Church of Brethren congregations located across Indiana, and dates back to 1708. The Roann Church of Brethren, Inc. and the Roann Church, Inc. (“the Congregation”) traces its origins to mission […]

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Five Lessons Learned at the Department of Justice RLUIPA Roundtable

  • May 5, 2016
  • by Lawrence Opalewski

On May 2, 2016 Kate Brink and I had the honor to be invited to speak at the RLUIPA Roundtable hosted by the United States Attorney’s Office and the Department of Justice. We were grateful for the opportunity to speak with other RLUIPA practitioners and […]

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RLUIPA – Complete Religious Land Use Resources now available

  • April 18, 2016
  • by Daniel P. Dalton

The law firm of Dalton & Tomich PLC is proud to announce that it has prepared the very first comprehensive list of RLUIPA land use cases and Law Review Articles on its website, www.attorneysforlanduse.com The success rates and chronological listing of cases provide illustration of […]

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Civil RICO Claims, Mars Hills Church and the Church

  • March 2, 2016
  • by Daniel P. Dalton

It has been reported that two former families who attended and gave tithes and offerings to the former Mars Hill Church in Seattle, Washington are suing its former Pastor, Mark Driscoll, and several others alleging federal civil RICO claims. Is there a viable civil RICO […]

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Does RLUIPA Protect Churches Against Eminent Domain Proceedings?

  • February 29, 2016
  • by Admin

In recent years, several states have announced plans to begin constructing high-speed railway systems within their borders in an effort to create more efficient means of travel. These plans have begun to cause concern for private landowners who worry the states may resort to condemning […]

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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.