The status of the Church of Our Savior trial
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 that has worshiped in six different locations since it began in 2006, sought conditional use approval from the City of Jacksonville Beach to build a house of worship on one of the last remaining vacant parcels in the City. Over a series of evaluations, meeting, deposition and trial the City Planning staff recommended approval of the use on eight separate occasions. The Planning Commission refused to adopt the recommendation of the professional staff, an event that only occurred four times in the past thirty years, resulting in the denial of the use. This case proceeded to a bench trial (the Judge makes the decision, no jury) where the Church asked the Court to grant it injunctive relief – the only relief it sought in this case – allowing the Church to secure the conditional use permits.
Trial was completed trial on September 18, 2014. At the conclusion of trial, the Court directed the Church to submit findings of fact and conclusions of law which it will consider in drafting its opinion in this matter. The proposed findings of fact and conclusions of law can be accessed here. The Court will have a hearing on November 10, 2014 and may issue an opinion at that time. Stay tuned!
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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.
Harry HoffSenior Pastor, Hope Rising Community Church, Verona, PA
In 2015, Hope Rising Community Church experienced extreme opposition, the kind that would force it to close its doors and leave behind the families and youth it was so passionate about reaching. As the lead pastor I felt helpless, inferior and as if I had no […]
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Dalton & Tomich’s assistance in our RLUIPA matter has paved the way for our church to continue serving the community and for new churches in the area to thrive in the future. Thank you from the bottom of our hearts for your stand for religious […]
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The Urban Church will be forever grateful to Dalton & Tomich plc for navigating it through a difficult land use issue. Let them give you honest and caring advice because that’s exactly what they’ll do.
Read MoreKimberly KebleSenior Claims Adjuster, Brotherhood Mutual Insurance
Dalton & Tomich, PLC defended a complicated case at a church we insure. Not only is the firm professional, they understand how church business runs and work well within church leadership.
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Dalton & Tomich, PLC helped us immensely in the areas of litigation and negotiation! Their professionalism and understanding of church policy helped our church be victorious in a modern day religious land use battle. RLUIPA Religious Land Use Case: Lighthouse Community Church of God
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Dalton & Tomich, PLC serves as General Counsel for the 144 churches within the Church of God in Michigan. The firm provides the legal expertise we need in dealing with the issues that arise during the course of fulfilling our ministry.
Read MoreTim RhodusLead Pastor, Cross Church Carlinville & Staunton, IL
I met Dan Dalton during a dark time for our church. He was recommended as the leading RLUIPA attorney in the nation. He demonstrated wisdom, expertise, a gentle nature, a calming inter-relational skill, genuineness, and a humble demeanor, while at the same time, being sharp, […]
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Mr. Dalton’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. His personal interest in helping our church went “above and beyond” just the call of duty. His understanding of both legal and spiritual matters seems to uniquely […]
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