Michigan Judiciary Downsized

By Zana Tomich
February 20, 2012

The Detroit News reported that the Michigan House of Representatives approved a plan to remove 36 judgeships and effectively downsize the Michigan judiciary.  Though the changes could take over 20 years to implement, the plan involves reducing $5.7 million from the state’s annual budget, and eliminating 5 Judgeships immediately because...

Officials Sign $25 Billion Foreclosure Deal

By Kate Brink
February 14, 2012

On February 9, President Obama announced a $25 billion foreclosure settlement agreement between the federal government, 49 state attorneys general (all states but Oklahoma participated), and five of the country’s biggest mortgage lenders: Ally Bank (formerly GMAC), Bank of America, Citicorp, JPMorgan Chase and Wells Fargo.  The deal is intended...

Lenders and Homeowners Impacted by Expanded Mortgage Modification Program

By Dan Cortez
January 30, 2012

More help for those struggling to pay their mortgage is on the way – this time from Washington. President Obama announced last week that more assistance would soon be available through an extension and expansion of the Home Affordable Modification Program, which provides a break for those struggling to pay...

New Resource for Religious Land Use and Zoning Cases

By Daniel P. Dalton
January 24, 2012

For the past several years, the  American Bar Associations State and Local Law section publishes a book covering current events in land use and zoning matters.  And each year, I contribute to the publication writing an update on Religious Land Use.  2011 was no exception.  The book captioned, "Cutting Edge,...

Foreclosure Mediation Laws Extended

By Zana Tomich
January 16, 2012

Michigan’s foreclosure mediation statutes were recently extended beyond the sunset dates of January 5, 2012 to December 31, 2012.  The Governor recently signed into law The Foreclosure Prevention Extension Legislation, HBs 4542 and 4543, which relate to the 90-day foreclosure prevention mediation process, would apply to foreclosure proceedings for which...

U.S. Supreme Court Rules Church Cannot Be Sued Over Employee Discrimination Claim

By Daniel P. Dalton
January 11, 2012

Alliance Defense Fund's Bryan Beauman, reports the Supreme Court announced its unanimous decision in Hosanna-Tabor v. EEOC.  This case concerns the “ministerial exception” to an employment claim.  In this case, a teacher at a Lutheran school in Redford Twp., Michigan, was terminated and then filed a complaint under the ADA. ...

When the Zoning Board Closes Your Church: The new battleground in the fight over religious liberty.

By Zana Tomich
December 09, 2011

Daniel Dalton was quoted in the Wall Street Journal article by Sarah Pulliam Bailey,  "When the Zoning Board Closes Your Church: The new battleground in the fight over religious liberty."...

Dalton & Tomich, plc Guide Banks Through Michigan, National Economic Changes

By Zana Tomich
December 07, 2011

Dalton & Tomich are featured in the Michigan Banker Magazine cover story, "Dalton & Tomch, plc Guide Banks Through Michigan, National Economic Changes" December 2011, Vol 23, No. 12....

Dalton & Tomich PLC’s Fall 2011 Newsletter

By Zana Tomich
November 09, 2011

Please see our Fall Newsletter for the latest happenings at Dalton & Tomich, PLC...

Zana Tomich named one of Michigan’s Up & Coming Lawyers 2011 by Michigan Lawyers Weekly

By Daniel P. Dalton
October 26, 2011

Congratulations to Zana Tomich on being named to Michigan Lawyers Weekly Up & Coming Lawyers 2011. Michigan Lawyers Weekly selected 20 attorneys who have practiced law for 10 years or less, yet have already distinguished themselves in the practice of law, and appear poised for even greater things. They were...

Dalton & Tomich receive recognition from Michigan Superlawyers

By Zana Tomich
September 14, 2011

Daniel Dalton was named a 2011 Michigan Super Lawyer in Land Use and Zoning; and Zana Tomich was named a 2011 Rising Star by Michigan Super Lawyers in Business/Corporate....

Dalton & Tomich commetary on the Crystal Cathedral Bankruptcy in Church Executive Magazine

By Daniel P. Dalton
September 01, 2011

What happens when a Church files Chapter 11 bankruptcy? Dalton & Tomich were called upon to answer the question in this month's Church Executive Magazine in light of the Crystal Cathedral bankruptcy filing in Orange County, California. Read about it in the September, 2011 edition of Church Executive: http://viewer.zmags.com/publication/9422e8f8#/9422e8f8/25...

Dalton Tomich client and Digerati co-founder, Brian Balasia, receives Dave Bing Future Leader Award.

By Daniel P. Dalton
August 30, 2011

Dalton & Tomich, plc congratulates Digerati and Brian Balasia, on his Dave Bing Future Leader Award. We are pleased to work with the team at Digerati, and honored to call them clients....

Dalton & Tomich, plc marks its first anniversary with its Summer E-Newsletter.

By Zana Tomich
August 25, 2011

Dalton & Tomich, plc marks its first anniversary with its Summer E-Newsletter....

One year later:  Paeth v. Worth township.  An overview of the case published in the Detroit News

By Daniel P. Dalton
August 13, 2011

A year ago today, a jury in the United States District Court in Detroit, Michigan rendered the largest verdict in a First Amendment retaliation, Due Process case in Michigan. Since that time, the Township recalled the elected offiical at the heart of the case, two otehr members resigned, the residents...

Dalton & Tomich quoted in Detroit Free Press article, “Commerical Farming in Detroit”

By Daniel P. Dalton
August 11, 2011

When looking for expert advice on land use and zoning, the Detroit Free Press turned to Dalton & Tomich for its opinion on urban farming in Detroit, Michigan. Commercial_farming_to_start_in_Detroit_with_1,000_trees___Detroit_Free_Press.pdf...

Dream Cruise - Trademark issues

By Daniel P. Dalton
August 10, 2011

Who can legally use the name "Dream Cruise?" Dalton & Tomich plc respond to trademark issues surrounding the commerical use of the name in M-LIve. MLive_AttorneyDreamCruiseLive.pdf Sure, it is more of a trademark / copyright issue. Products, like people, have personality -- and a winning personality is a trademark owners...

Judicial Takings Case profiled in Michigan Lawyer’s Weekly.

By Daniel P. Dalton
July 26, 2011

In Michigan Lawyer's Weekly, "Local Authority Not on Solid Ground" author Carol Lundberg highlights Valley View Quarry's judicial takings case.Michigan_Lawyers_Weekly_by_Carol_Lundberg_July_22,_2011.pdf...

Dan Dalton comments in USA Today Op Ed:  “End Gender Apartheid in U.S. Mosques”

By Daniel P. Dalton
July 11, 2011

Dan Dalton quoted in USA Today op ed, "End Gender Apartheid in U.S. Mosques," by Asra Q. Nomani. http://www.usatoday.com/news/opinion/forum/2011-07-10-muslim-women-mosques_n.htm?csp=34news...

The 5th Circuit establishes an Equal Terms test under RLUIPA

By Daniel P. Dalton
June 14, 2011

Yesterday, the Fifth Circuit Court of Appeals issued its decision in Elijah Group v. City of Leon Valley, Texas. This case has a significant impact on religious land use matters within the Fifth Circuit adn throughout the nation. Elijah Group, Inc. ("Church") sued the City of Leon Valley ("City") alleging...

Fraud in the Workplace

By Zana Tomich
May 25, 2011

Pleased to comment on fraud in the workplace in "Who's likely to commit a fraud?" CPAmerica May 2011 CPAmerica_Fraud_Newsletter_Article_Zana_May2011.pdf...

Repercussions of the Mortgage Crisis Continue in the Courts

By Zana Tomich
May 11, 2011

The mortgage backed securities crisis and questions of who is to blame continues.  In recent weeks the State of Michigan Court of Appeals issued an opinion, Residential Funding et al. v. Saurmen, Case No. 290248, where it addressed issues involving the Mortgage Electronic Registration System (MERS), and whether MERS was...

Supreme Court rules on Damages and RLUIPA

By Daniel P. Dalton
April 25, 2011

This past week, the United States Supreme Court issued its long awaited decision on RLUIPA and damages in the case of Sossamon v. Texas (08-1438).  In a 6-2 decision, the majority determined that the phrase “appropriate relief” did not clearly advise states that damages were an available remedy for a...

Commentary on the status of Religious Land Use in the United States.

By Daniel P. Dalton
April 22, 2011

The attorneys of Dalton & Tomich PLC were recently profiled and called on to discuss the status of RLUIPA and Religious Land Use in the Untied States.  Read the article, here. http://www.legalnews.com/oakland/939570/   or below.     More religious groups seeking land use resolution in court By Admin Oakland County Legal...

Insight on family-owned small businesses - Dalton & Tomich, PLC quoted in TheStreet.com

By Daniel P. Dalton
April 12, 2011

Our insight on family owned small businesses is featured in the article below and attached from TheStreet.com.   Management & Leadership What to Do When Your Brother Is Your Boss Laurie Kulikowski 04/12/11 - 07:45 AM EDT   NEW YORK (TheStreet) -- Ben Cimino has been working in his family's Syracuse,...

A case study on First Amendment Retaliation

By Daniel P. Dalton
March 23, 2011

On August 13, 2010 a jury awarded George and Margaret Paeth, clients of Dalton & Tomich PLC a record setting verdict of $600,000 in a significant land use and zoning case. The jury found that throughout the past five (5) years, the elected and appointed officials of Worth Township, Michigan...

Equal Terms and RLUIPA

By Daniel P. Dalton
March 13, 2011

The second circuit was recently presented with issue of defining the equal terms provision of RLUIPA but chose not to given that it reached a conclusion to reverse the trial court on other grounds.  Had it decided it would define the term, the Court would have had several decisions to...

Temples, churches and other religious organizations win civil rights lawsuits against local communit

By Daniel P. Dalton
February 24, 2011

Bloomfield Hills, MICH. – A Hindu faith community based near Philadelphia is among the latest in a trend toward growing numbers of religious organizations successfully defending constitutionally granted civil rights in a land use case against a United States municipality. The Adhi Parasakthi Charitable, Medical, Educational, and Cultural Society of...

Breaking News: the 9th Circuit finds a City Zoning Scheme Violates Substantial Burden

By Daniel P. Dalton
February 15, 2011

In a published opinion released just hours ago, the 9th Circuit Court of Appeals released its decision in International Church of the Foresquare Gospel v. City of San Leandro, Case No. 09-15163 where the Court reversed the decision of the lower court who granted summary judgment to the City of...

The Equal Terms provision of RLUIPA

By Daniel P. Dalton
February 13, 2011

Congress provided a separate section of RLUIPA, known as the “equal terms” provision at 42 USC 15 2000cc-(b)(1), which provides that: “No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly...

So what is a “Substantial Burden” within RLUIPA?

By Daniel P. Dalton
February 02, 2011

 The term “substantial burden” in RLUIPA has confused and divided lower courts since it first appeared in the ActThe legislative history of RLUIPA reveals that Congress made a deliberate choice not to define “substantial burden,” but rather allow courts to utilize that definition from this Court’s jurisprudence starting with Sherbert...

RLUIPA and the “Effective Exclusions” of Religious Uses through Zoning

By Daniel P. Dalton
January 31, 2011

One recent trend in religious land use issues that we have found is when a community effectively excludes a religious use through zoning. The typical scenario occurs when a community permits zoning in a district knowing that there is no land available to build a religious use or the land...

Understanding RLUIPA

By Daniel P. Dalton
January 24, 2011

RLUIPA, passed by a unanimous Congress in 2000 and signed into law by President Clinton, was proposed and enacted by Congress in response to actions taken by local government to exclude houses of worship within communities. Churches traditionally located in residential areas and the model was the same throughout the...

A RLUIPA win!

By Daniel P. Dalton
December 14, 2010

As noted in the Alliance Defense Blog, in Hazel Park, Michigan, city authorities have been doing their red-tape best to gerrymander a local congregation, Salvation Temple Church, out of the district.  Happily, a federal judge is making it her business to introduce the town fathers to the First Amendment. It’s a...

Dalton & Tomich file a new lawsuit based on witness retaliation

By Daniel P. Dalton
November 27, 2010

As reported in today’s Detroit Free Press, Dalton & Tomich filed a new lawsuit yesterday arising out of Worth Township retaliating against its former chair of the Zoning Board of Appeals who testified against the Township as a subpoenaed witness in the landmark case of Paeth v. Worth Township. At...

New RLUIPA suit filed; Salvation Temple Church v. City of Hazel Park

By Daniel P. Dalton
October 28, 2010

Salvation Temple Church, is a Christian Church that entered into a purchase agreement for the purchase of property known as 25000 N. Chrysler Dr., Hazel Park, Michigan. The property, vacant since 2002 and last used as a banquet facility, is zoned BC-1, Chrysler Business District, under the City of Hazel Park...

United States Supreme Court considers RLUIPA damages case

By Daniel P. Dalton
October 24, 2010

In the very near future, the United States Supreme Court will hear oral argument in Sossamon v. Texas, (Docket No. 08-1438, cert. granted 5/24/2010). The suit was brought by an inmate who objected to the prison's policy of prohibiting congregational worship in the prison's chapel. He claimed that alternative worship...

Boulder County appeals adverse RLUIPA decision to the United States Supreme Court

By Daniel P. Dalton
October 18, 2010

On Friday October 15, 2010, Boulder County filed an application for leave to appeal to the United States Supreme Court of the decision of the 10th Circuit Court of Appeals, who, affirmed a jury verdict and the entry of a permanent injunction for the Church due to the County’s violation...

RLUIPA at 10 years: Yes, the law is needed

By Daniel P. Dalton
October 10, 2010

Last week, in conjunction with the celebration of the tenth anniversary of the passage of the RLUIPA, the Department of Justice prepared a timely report on the Tenth Anniversary of the Religious Land Use and Institutionalized Persons Act and frequently asked questions with an answer guide specifically for local governments...

Conditional Land Use Requirements and RLUIPA

By Daniel P. Dalton
October 04, 2010

In Arnold v. Versailles-Midway-Woodford County Bd. Of Adjustment, No. 2008-CA-001850-MR, 2010 WL 668664 (Ky. App. Feb. 26, 2010), plaintiffs appealed the Circuit Court’s opinion and order affirming the determination of the Versailles-Midway-Woodford County Board of Adjustment granting a conditional land use permit to the Versailles United Methodist Church for the...

A New Day

By Daniel P. Dalton
October 03, 2010

Yes, it has been quite a while since my last blog entry.  Since the last entry, I successfully completed a land use trial in Detroit, Michigan; started a new law firm with some very talented and wonderful attorneys, and continued to work on religious land use cases and matters throughout the...

Historic verdict secured in landmark case

By Daniel P. Dalton
August 15, 2010

It has been nearly a month since I last posted a blog entry. The reason is that I have been preparing for, than appearing at, a significant land use trial in the United States District Court in the Eastern District of Michigan before the Honorable David Lawson.  After nearly a week...

Endowments and the Church

By Daniel P. Dalton
June 25, 2010

Endowments have been in the news recently with respect to religious institutions invading the principal to sustain their ministries.  So what is an endowment and in general, what rules need to be followed with respect to them? Endowments are permanent funds or assets—money, securities, or property—bestowed upon an individual or...

Why RLUIPA matters

By Daniel P. Dalton
June 21, 2010

Since January, 2010, I have flown 30256 around the United States helping religious entities in religious land use disputes. And this weekend I was reminded why RLUIPA matters at the Becket Funds’ Annual Dinner for Religious Freedom.  Unfortunately, there are a lot of misunderstandings, and perhaps hostility, about how religious...

10th Circuit Court of Appeals affirms the Rocky Mountain Christian Church jury verdict.

By Daniel P. Dalton
June 16, 2010

In a unanimous decision, the 10th Circuit Court of Appeals upheld a jury verdict, finding that sufficient evidence was presented at trial to justify the jury’s determination that the denial of the Church’s special use application violated the equal terms provision of the Religious Land Use and Institutionalized Persons Act...

Defamation and the Clergy

By Daniel P. Dalton
June 02, 2010

To what extent the pastor is protected from slander claims that might come out of an exchange that recently took place during a meeting of church members?  Generally speaking, defamation claims are adjudicated under state law and members of the clergy are entitled to a qualified privilege for statements made...

Does RLUIPA apply to Historic Preservation designations?

By Daniel P. Dalton
May 21, 2010

In reaction to the loss of several important buildings within larger metropolitan areas in the 1950’s, communities throughout the nation began grassroots efforts aimed at providing a legal mechanism to protect local significant historic resources. With the adoption of Historic Preservation zoning codes, communities were given the legal authority to...

Historic Preservation and Special Use Permits

By Daniel P. Dalton
May 10, 2010

In World Outreach Conference Center v. City of Chicago and Trinity Evangelical Lutheran Church v. City of Peoria, United States Court of Appeals, Seventh Circuit, Case Nos. 08-4167; 09-2142  (Decided December 30, 2009) a consolidated appeal, the cases involve the application of substantial burden in two specific fact patterns. In World...

State Religious Freedom Restoration laws

By Daniel P. Dalton
May 03, 2010

In addition to the federal law creating the Religious Land Use and Institutionalized Persons Act, several states have enacted their own version of the law.  Indeed, since 1997, a dozen State Religious Freedom Restoration Act (RFRA’s) have become law. State Religious Freedom Restoration Acts are a response to significant loss...

A RLUIPA case study: When communities refuse to allow a Church to use land on the basis of loss of t

By Daniel P. Dalton
April 24, 2010

Carlinville Southern Baptist Church, located in Carlinville, Illinois thought how blessed it was when it purchased a former Wal-Mart store in early 2008 to have a home. The Church had worshiped in its building for several years prior, but grew rapidly to the point that it needed to expand or...

Considerations in filing a RLUIPA lawsuit

By Daniel P. Dalton
April 16, 2010

If your religious organization is considering a RLUIPA challenge to local zoning laws, it should consider the following actions before filing a lawsuit. 1. Select a small control group within the church to make legal decisions. Litigation is hard, expensive, time consuming and overwhelming at times. Decisions need to be...

When is a claim ripe for review under RLUIPA?

By Daniel P. Dalton
April 03, 2010

One of the most vexing questions in land use law is the flawed doctrine of ripeness with respect to religious land use claims. The issue is extremely important as it affects the issue of when a lawsuit can be filed.  There are two different legal doctrines to consider when evaluating...

Is RLUIPA constitutional?

By Daniel P. Dalton
March 30, 2010

Ten years after Congress passed the Religious Land Use and Institutionalized Persons Act, local governments still argue that RLUIPA is unconstitutional claiming that it gives religious entities an advantage in land use disputes over local communities.  Federal Court’s routinely reject constitutional challenges noting that religious entities are not the only...

Expanding existing building and RLUIPA

By Daniel P. Dalton
March 21, 2010

Many of the cases involving RLUIPA occur after a religious entity has been at a location for a period of time, has grown and now wants to expand.  Does RLUIPA apply where a local government refuses to allow the expansion?  The case law says yes. In Church of the Hills...

Understanding RLUIPA – Why do we need the law and what has been the impact of the law

By Daniel P. Dalton
March 16, 2010

Before Congress enacted RLUIPA in 2000, the conventional view confirmed by judicial decisions, and lawyers like me, was that religious land uses cases would be rejected.   A Harvard Law School survey of reported cases decided on the merits confirmed that religious land use plaintiffs were almost uniformly unsuccessful – whether under...

Understanding RLUIPA - the remedies

By Daniel P. Dalton
March 09, 2010

Congress provided two remedies for religious organizations that prevail in religious lands use disputes under RLUIPA.  The first is an award of attorney fees under 42 U.S.C. 1988.  The second is injunctive relief and monetary damages within RLUIPA. 42 U.S.C. 2000cc-5(4)(a).  RLUIPA's provision authorizing a cause of action states: A...

Understanding RLUIPA – the Unreasonable Limitations and Exclusion Clauses

By Daniel P. Dalton
March 01, 2010

The fourth and fifth prongs of RLUIPA are the unreasonable limitations and exclusions clauses found at 42 USC 2000cc (2)(b)(2). In order establish a claim under these parts of RLUIPA, religious institutions must establish that religious assemblies have been totally excluded from a jurisdiction or that they have been unreasonably...

Understanding RLUIPA - the Non-Discrimination Clause

By Daniel P. Dalton
February 21, 2010

The third area of religious discrimination Congress addressed when enacting RLUIPA is that of non-discrimination. Congress provided that “No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination.” 42 U.S.C. § 2000cc (b)(2). Similar to...

Understanding RLUIPA – the Equal Terms Provision

By Daniel P. Dalton
February 18, 2010

Congress provided a separate section of RLUIPA, known as the “equal terms” provision at 42 USC 15 2000cc-(b)(1), which provides that: “No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly...

Defining “Substantial Burden” within RLUIPA

By Daniel P. Dalton
February 14, 2010

The term “substantial burden” in RLUIPA has confused and divided lower courts since it first appeared in the Act. The legislative history of RLUIPA reveals that Congress made a deliberate choice not to define “substantial burden,” but rather allow courts to utilize that definition from this Court’s jurisprudence starting with...

What is the Religious Land Use and Institutionalized Persons Act (“RLUIPA”)?

By Daniel P. Dalton
February 11, 2010

RLUIPA, passed by a unanimous Congress in 2000 and signed into law by President Clinton, was proposed and enacted by Congress in response to actions taken by local government to exclude houses of worship within communities.  Churches traditionally located in residential areas and the model was the same throughout the United...

Welcome to the Dalton & Tomich Blog!

By Daniel P. Dalton
February 09, 2010

Welcome to our blog!  I designed this page to serve as a resource for questions related to the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) and related religious governance issues. RLUIPA is Congress’ second attempt to address the inequities of subjective land use decisions by local community planning officials,...