Level One Bank honored among Michigan 50 Companies to Watch
By Zana Tomich
May 09, 2012
Congratulations to client, Level One Bank, on being named one of the "Michigan 50 Companies to Watch". The “Michigan 50 Companies to Watch” list is comprised of second-stage companies – those exhibiting exceptional entrepreneurial leadership and creative innovation while employing 6 to 99 full-time equivalent employees and generating $750,000 to...
Michigan Court of Appeals: Filing Suit Does Not Toll Right of Redemption Period
By Dan Cortez
May 02, 2012
The Michigan Court of Appeals has held that, after foreclosure proceedings and a sheriff’s sale, filing suit against a mortgage company does not serve to toll the six-month statutory right of redemption period. The Court of Appeals announced today its unpublished decision in Nadia Awad v. GMAC and Wayne County...
Metro South Church: How a Religious Land Use issue resolved without litigation.
By Daniel P. Dalton
April 24, 2012
On Sunday April 22, 2012, Metro South Church opened the doors of its new worship facility in Taylor, Michigan for corporate worship for the very first time. The Church secured a vacant building, empty for nearly ten years and formally used as a Sports Authority retail store, in 2010. Leadership...
Can you battle City Hall?
By Daniel P. Dalton
April 22, 2012
We are pleased to represent Ralph Daley in his battle with Chesterfield Township over securing a certificate of occupancy for his home. The case was described in the Detroit Free Press in the Sunday April 22, 2012 paper. You can read it here. If you have a similiar issue, please consider contacting the lawyers at...
Fewer Bank Failures in 2012
By Zana Tomich
April 18, 2012
American Banker recently reported that the pace of bank failures will slow considerably this year as the industry continues to recover from the real estate bust, according to the acting head of the Federal Deposit Insurance Corp. According to the article, sixteen banks have collapsed so far in 2012, and...
Federal Court Holds Michigan Administrative Hearings Bureaus are Constitutional
By Dan Cortez
April 13, 2012
The Sixth Circuit Court of Appeals, in a decision announced this morning, has upheld the constitutionality of Administrative Hearings Bureaus that many Michigan cities and townships use to collect fines for municipal violations. David Klein and All Brothers Investment, LLC, brought suit against the City of Jackson in the U.S....
Court Allows RLUIPA Equal Terms Claim to Proceed to Trial
By Kate Brink
April 09, 2012
Last week, the district court for the Western District of Washington in Victory Center v. City of Kelso addressed a RLUIPA challenge to newly passed zoning regulations that prohibited Victory Center from operating an educational and cultural center in an area newly designated for pedestrian retail businesses. The Victory Center...
Paeth v. Worth Township: Arguments set in the Sixth Circuit
By Daniel P. Dalton
April 04, 2012
FOR IMMEDIATE RELEASE Contact: Zak Walsh April 3, 2012 (248) 626-0006 APPEAL IN PRECEDENT-SETTING MICHIGAN LAND USE CASE SET FOR APRIL 11 Bloomfield Hills, Mich. – Oral arguments will be heard April 11, 2012 in the appeal of the landmark land-use case Paeth vs. Worth Township, U.S. District Court, Eastern...
Stop Work Orders & Tap fees: Dalton & Tomich plc case profiled in Michigan Lawyers Weekly
By Daniel P. Dalton
April 02, 2012
Today, Michigan Lawyers Weekly profiled a case currently being litigated by the professionals of Dalton & Tomich plc that is now pending in the United States District Court, Eastern District of Michigan captioned Daley v. Chesterfield Township. See, /images/uploads/Are_water_tap_fees_all_wet__-_Michigan_Lawyers_Weekly.pdf This case involves a classic Procedural Due Process and First Amendment...
“Joe the Plumber” Loses First Amendment Retaliation Suit
By Dan Cortez
March 28, 2012
Remember Joe Wurzelbacher? Probably not, but you might recall him by his better known nickname, Joe the Plumber. Wurzelbacher, of Toledo, Ohio, initially won fame after a campaign trail discussion in Ohio with then-presidential candidate Barack Obama in October 2008. When Wurzelbacher questioned Obama on his tax plan for small...
Ripeness rejected: The Supreme Court allows right to sue the EPA upon notice of a violation order
By Daniel P. Dalton
March 21, 2012
Today, the Supreme Court gave property-owners a right to sue the U.S. Environmental Agency to make an immediate challenge to an EPA order to stop a development that the agency says threatens the nation’s waters making clear that the courts remain open for citizens who believe they are being “strong-armed”...
Deed Restrictions Are Not to Be Ignored
By Zana Tomich
March 20, 2012
In case there was any ambiguity as to the enforceability of deed restrictions, the Michigan Court of Appeals made clear in a recent decision that contractual agreements created by deed restrictions are enforceable. In Thom v. Palushaj, No. 301568, 2012 WL 472893 (Mich. App. 2012), the Court vacated the trial...
When the loan officer calls the Church on a loan in default: Foreclosures and options for Churches
By Daniel P. Dalton
March 19, 2012
The Wall Street Journal recently sounded the alarm of the rise in foreclosures of religious entity’s buildings it a story captioned “Church Foreclosures seen as the ‘Next Wave’ in Crisis.” Additional press reports and financial reports of lending institutions affirm that church foreclosure is rising. It is very important to...
Chesterfield Township, Michigan’s Water and Sewer Tap fee found to be an unconstitutional tax
By Daniel P. Dalton
March 18, 2012
On Wednesday March 12, 2012, the Macomb Circuit Court issued a decision finding that the Chesterfield Township, Michigan Water & Sewer Tap fee is an unconstitutional tax in violation of the Headlee amendment of the state Constitution. In Macomb County. v. Fox, the taxpayer, Rosie O’Grady’s bar, sought to renovate...
A community defending a Religious Land Use action may not identify and depose donors
By Daniel P. Dalton
March 18, 2012
May a community defending a RLUIPA action seek to identify and depose donors to a religious organization? In Tree of Life Christian School v. City of Upper Arlington, 2012 U.S. Dist, LEXIS 32205 (03.12.12) the Court answered no based on First Amendment free association concerns. Briefly, in the Tree of...
New RLUIPA Lawsuit Filed in Michigan on Behalf of Islamic Academy
By Kate Brink
March 13, 2012
Last month, an Islamic school from Ann Arbor, Michigan, filed a federal lawsuit alleging that the Township’s denial of the school’s request for a zoning variance amounted to a violation of RLUIPA and the U.S. Constitution. In October 2011, the Township Board of Trustees unanimously rejected an application from the...
California Religious Land Use (RLUIPA) case leaves open substantial burden question
By Dan Cortez
March 06, 2012
The Ninth Circuit Court of Appeals recently left open an interesting question that many religious land use applicants might be wondering: How much is too much when it comes to the cost of applying for land use permits from local government agencies? In Guatay Christian Fellowship v. County of San...
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,...