Religious Land Use and Zoning Leaders

National RLUIPA Experience to Help You Grow

Religious Institutions

First Circuit Court of Appeals Affirms Need for RLUIPA Plaintiffs to Exhaust Administrative Remedies

  • August 12, 2013
  • by

A recent decision from the First Circuit Court of Appeals showed how important it is for religious organizations claiming a government has violated the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) to exhaust their administrative remedies before heading to court. In Roman Catholic Bishop […]

Read More

RLUIPA Claim by Ranch Owner Seeking to Build Chapel Not Ripe for Review

  • May 14, 2013
  • by Admin

In a decision last week from the Eastern District of California, the Court dismissed a RLUIPA claim asserted by a ranch owner who was prohibited from building a private chapel on his property, finding that his claim was not ripe for review. In Anselmo v. […]

Read More

Federal Courts Split on Whether Contraceptive Mandate Provision Puts Substantial Burden on Religious Exercise

  • March 24, 2013
  • by Zana Tomich

The mandate that businesses provide contraceptive coverage to their employees under the Affordable Care Act (“ACA”) or face substantial fines has led to more than 50 lawsuits against the federal government in federal courts across the country. To date there has been a split among […]

Read More

Federal Appeals Court Orders Georgia Mosque and City to Resolve Zoning Dispute

  • February 18, 2013
  • by Admin

Last week, the Eleventh Circuit Court of Appeals ruled in Islamic Center of North Fulton, Inc. v. City of Alpharetta, Georgia, that the City and Islamic Center must work together to try to resolve a zoning dispute surrounding the Islamic Center’s proposed expansion of its […]

Read More

Illinois Islamic Congregation Can Proceed with RLUIPA Claims

  • January 21, 2013
  • by Admin

A recent federal court decision allowed an Islamic congregation to go forward with religious land use discrimination claims against a county in Illinois. In Islamic Center of Western Suburbs v. County of DuPage, 2012 U.S. Dist. LEXIS 179042 (N.D. Ill. Dec. 18, 2012), the Islamic […]

Read More

California City to Pay $2.3 Million to Settle RLUIPA Suit

  • September 28, 2012
  • by Admin

The City of San Leandro, California has agreed to a settlement agreement in which it will pay the International Church of Foursquare Gospel $2.3 million in order to end its five-year litigation with the Church. The case had worked its way through the Ninth Circuit […]

Read More

Second Circuit Affirms RLUIPA Decision in Favor of NY Church

  • September 27, 2012
  • by Admin

On September 24, the Second Circuit Court of Appeals affirmed a 2010 decision that found a New York town violated the constitutional rights of a Pentecostal church that owned property in the Town, effectively ending the fourteen-year saga between the parties. In 1998, Fortress Bible […]

Read More

New RLUIPA Lawsuit Filed in Michigan on Behalf of Islamic Academy

  • March 13, 2012
  • by Admin

Last month, an Islamic school from Ann Arbor, Michigan, filed a federal lawsuit alleging that the Township’s denial of the school’s request for a zoning variance amounted to a violation of RLUIPA and the U.S. Constitution. In October 2011, the Township Board of Trustees unanimously […]

Read More

Equal Terms and RLUIPA

  • March 13, 2011
  • by Daniel P. Dalton

The second circuit was recently presented with issue of defining the equal terms provision of RLUIPA but chose not to given that it reached a conclusion to reverse the trial court on other grounds. Had it decided it would define the term, the Court would […]

Read More

Breaking News: the 9th Circuit Finds a City Zoning Scheme Creates a Substantial Burden

  • February 15, 2011
  • by Daniel P. Dalton

In a published opinion released just hours ago, the 9th Circuit Court of Appeals released its decision in International Church of the Foresquare Gospel v. City of San Leandro, Case No. 09-15163 where the Court reversed the decision of the lower court who granted summary […]

Read More
About Us

logo

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.