Religious Land Use and Zoning Leaders

National RLUIPA Experience to Help You Grow

Unreasonable Limitations

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 […]

Read More

Religious land use win establishes precedent that local governments cannot deny a religious use based on its determination of what a Church is

  • July 13, 2018
  • by Kate Brink Harrison

Irish Oaks is a non-denominational Christian church founded by a group of friends in rural Lapeer County. These friends were interested in developing their relationship with God but felt out of place in traditional, formal churches. So they decided to form their own church with […]

Read More

RLUIPA Land Use Trial Outcomes

  • December 12, 2017
  • by Daniel P. Dalton

Have you ever wondered how many RLUIPA land use cases have occurred since Congress unanimously passed the law (the Religious Land Use and Institutionalized Persons Act) in 2000?  Are you curious about the outcomes? Recently, we were asked to provide a Court with a list […]

Read More

RLUIPA’S Unreasonable Limitations and Total Exclusions provisions

  • August 8, 2016
  • by Daniel P. Dalton

The case of Eagle Cove Camp & Conference Center, Inc. v. Town of Woodboro, Wisconsin is an interesting case involving, in part, RLUIPA’S least litigated claims: unreasonable restrictions and total exclusions. Eagle Cove Camp & Conference Center, Inc. (“Eagle”) sought to construct a year-round Bible […]

Read More

Does RLUIPA apply to fortune tellers?

  • August 8, 2016
  • by Daniel P. Dalton

In Patricia Moore-King v. County of Chesterfield, the Court was asked if RLUIPA applies to fortune tellers. The answer is No, at least in the Fourth Circuit. Patricia Moore-King (“Moore-King” or “Plaintiff”) brought suit against the County of Chesterfield, Virginia (the “County” or “Defendant”) challenging the […]

Read More

Prior approval to assemble and use a building for Church and the subsequent demand to leave: RLUIPA and Substantial Burden concerns

  • July 14, 2016
  • by Daniel P. Dalton

The Church of Our Lord and Savior Jesus Christ (“Plaintiff” or “Church”) brought suit against the City of Markham, Illinois (“Defendant” or “City”), following the City’s denial of a special use permit to allow Plaintiff to operate a church in an area zoned residential. Upon […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

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.