Religious Land Use and Zoning Leaders

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Substantial Burden

Andon v. City of Newport News and the Role of Risk in RLUIPA Substantial Burden Calculus

  • March 5, 2016
  • by Daniel P. Dalton

As the saying goes, sometimes we need to risk it to get the biscuit. Little progress would be made if mankind allowed the potential for failure to discourage otherwise worthy undertakings. Unfortunately for religious institutions, the Fourth Circuit in Andon v. City of Newport News […]

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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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Holt v. Hobbs – Religious Liberty wins again in the United States Supreme Court

  • January 25, 2015
  • by Daniel P. Dalton

A unanimous Supreme Court ruled Tuesday that Gregory Holt, a Muslim prison inmate in Arkansas, can grow a short beard for religious reasons. Our friend Eric Rassbach from the Becket Fund — the public interest law firm that on Tuesday won the Holt v. Hobbs […]

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The status of the Church of Our Savior trial

  • October 27, 2014
  • by Daniel P. Dalton

Many of you have asked how the trial in Church of Our Savior v. Jacksonville Beach, Florida ended. The Court has taken the matter under advisement and we are waiting on a decision. By way of background, Church of Our Savior, a small Anglican congregation […]

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The latest news on the Church of Our Savior case

  • September 23, 2014
  • by Daniel P. Dalton

As reported by Action News 38, here, http://www.actionnewsjax.com/news/news/local/church-attorney-jacksonville-beach-changed-religio/nhN29/ Church attorney: Jacksonville Beach changed Religious Land Use Act on purpose before trial By Amanda Warford JACKSONVILLE BEACH, Fla. — The City of Jacksonville Beach will head to federal court Wednesday to fight a lawsuit filed by […]

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Resolution of the San Diego RLUIPA / Religious Land Use and Zoning Case

  • April 26, 2013
  • by Daniel P. Dalton

The final chapter has been written and the story has ended with the City of San Diego finalizing the settlement between itself and the Academy of Our Lady of Peace this past week. Several news organizations have taken an indepth review of the case and […]

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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 […]

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City of San Diego settles RLUIPA lawsuit with Academy of Our Lady of Peace,

  • February 20, 2013
  • by Daniel P. Dalton

As reported in today's San Diego Tribune and San Diego Reader the City of San Diego has dropped its opposition to the modernization plan of the Academy of Our Lady of Peace. The settlement combines cash payment, permits and relocation of homes The Academy of […]

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The 5th Circuit Court of Appeals enforces RLUIPA against a City who singled out a religious assembly

  • September 29, 2012
  • by Daniel P. Dalton

In yet another victory for religious land use freedom, the Fifth Circuit Court of Appeals has ruled that a federal district court in Mississippi abused its discretion when it denied a church’s motion for a preliminary injunction in an action brought under the United States […]

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Religious Land Use update

  • June 18, 2012
  • by Daniel P. Dalton

There has been a string of recent decisions concerning religious land use that significantly impact religious land decisions in the United States. A sample of the cases follow: In Liberty Temple Full Gospel Church, Inc. v. Village of Bolingbrook, No. 11C2173, 2012 WL 1230728 (N.D.Ill. […]

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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.