Noel Sterett Argues RLUIPA Case Before Seventh Circuit Court of Appeals on Halloween
On Wednesday, October 31, 2018, I spent my Halloween exactly how every attorney would like to spend it: arguing an important case in front of a panel of three of the most distinguished federal judges in the country. The Honorable Judges Easterbrook, Flaum, and Brennan of the Seventh Circuit Court of Appeals heard my oral argument in the Church of Our Lord and Savior Jesus Christ v. City of Markham, IL.
This case was filed after the Markham City Council, on August 21, 2013, denied the Church a conditional use permit despite the fact that the Church 1) had already received occupancy approval for assemblies up the forty-five people, 2) had been worshipping at the property for ten years, 3) had improved its sanctuary at the direction of City inspectors, and 4) was willing to comply with whatever off-street parking restrictions the City sought to impose. While the City officials said they were concerned about whether the congregation of about 30 people had enough off-street parking, the Council rejected the Church’s simple request for time to comply with whatever off-street parking restrictions the City Council wanted to impose.
The suit challenges the City’s zoning scheme and zoning denial for unreasonably limiting religious assemblies, treating religious assemblies less favorably than nonreligious assemblies, and for substantially burdening the Church’s religious exercise without a compelling governmental interest–all violations of the Religious Land Use & Institutionalized Persons Act, 42 U.S.C. 2000cc et seq. The Seventh Circuit previously held in World Outreach Conference Center v. City of Chicago that off-street parking is a very minor issue that should be dealt with through less restrictive ways than shutting a religious organization down.
With oral argument complete, the panel of judges will now decide the appeal and issue a written ruling.
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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.
Read MoreRev. Demetrius BookerSenior Pastor, Lighthouse Community Church of God, Redford, MI
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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