Religious Land Use and Zoning Leaders

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RLUIPA Cases

Who Decides What Activities Are Religious or Central to a Religious Institution’s Mission?

  • August 29, 2019
  • by Noel Sterett

When a government regulation restricts an institution’s religious exercise, the government will often argue that the restricted activity is either not religious or not central to the institution’s religious mission. This issue surfaces in a variety of different cases. In Title VII employment-discrimination cases involving […]

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Appeals court orders Litchfield borough to pay Chabad Lubavitch’s legal fees

  • August 21, 2019
  • by Daniel P. Dalton

As reported in the Torrington Register Citizen on August 19, 2019, the Second Circuit Court of Appeals affirmed the fee award for Dalton & Tomich PLC and the other attorneys who represented the Chabad in Litchfield, Connecticut in the decade long litigation over approving the […]

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Church Secures Right to Worship and $225,000 in Settlement with the City of Markham, IL

  • July 24, 2019
  • by Noel Sterett

For more than six years, the City of Markham fought our client, the Church of Our Lord and Savior Jesus Christ, in both state and federal court over the church’s right to continue meeting in its sanctuary at 16018 S. Spaulding Avenue. We asserted the […]

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Talking about RLUIPA to the Arizona Bar Association: Why do we need RLUIPA when we have the Free Exercise and Establishment Clauses in the First Amendment?

  • June 28, 2019
  • by Daniel P. Dalton

I had the opportunity to talk with attorneys in Arizona about Religious Land Use and Zoning at the annual meeting of the Arizona Bar Association and was asked to address the question of why do we need RLUIPA when we have the Free Exercise and […]

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U.S. Supreme Court Declines to Hear RLUIPA Equal-Terms Case

  • May 13, 2019
  • by Noel Sterett

The United States Supreme Court recently had the opportunity to address several important questions regarding the Religious Land Use and Institutionalized Persons Act (RLUIPA) in Tree of Life Christian Schools v. Upper Arlington, Ohio. However, today the Court unfortunately declined to hear the case. This […]

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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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RLUIPA in the United States Supreme Court

  • February 17, 2019
  • by Daniel P. Dalton

Dalton & Tomich, PLC has been retained by the Three Hundred and Forty Two (342) parents of students who attend Tree of Life Christian School in Upper Arlington, Ohio to file an Amicus brief in support of the school’s request to have the United States […]

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Racially Charged Religious Discrimination Prohibited Under RLUIPA

  • February 7, 2019
  • by Daniel P. Dalton

Although RLUIPA is mainly concerned with religious discrimination, racial animus towards a religious organization falls within the ambit of RLUIPA’s very broad protection. On February 7, 2019, the Fourth Circuit, citing the legislative history of RLUIPA, emphasized that “zoning board members or neighborhood residents explicitly offer race or […]

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Major Religious Land Use Win in Seventh Circuit Court of Appeals

  • January 18, 2019
  • by Noel Sterett

Yesterday, the Seventh Circuit Court of Appeals ruled in favor of Dalton Tomich client, the Church of Our Lord and Savior Jesus Christ, in its suit against Markham, Illinois. Honorable Judges Easterbrook, Flaum, and Brennan all agreed that the district court was wrong to reject […]

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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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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.