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We are experienced attorneys offering innovative and collaborative legal solutions that grow businesses and banks, expand churches, and build nonprofit organizations. Our blog features insight into recent case decisions, advice for budding entrepreneurs and established leaders, as well as commentary on other aspects of the legal profession that we find interesting. Welcome. Please let us know what you think.
Seventh Circuit Rules Church Has Standing to Challenge Entirety of Zoning Scheme Under RLUIPA’s Equal Terms Provision
On January 17, 2019, the Seventh Circuit Court of Appeals ruled in favor of Dalton Tomich client, the Church of Our Lord and Savior Jesus Christ, in its suit against Markham, Illinois. The suit raises several claims under the Religious Land Use Institutionalized Persons Act, […]
Read MoreNoel Sterett to Speak at 2019 NIFLA Legal Summit About RLUIPA Protections for Pregnancy Care Centers
In May, the National Institute of Family and Life Advocates (“NIFLA”) will be hosting its annual legal summit. NIFLA has asked Dalton & Tomich attorney Noel Sterett to present on how the Religious Land Use & Institutionalized Persons Act (“RLUIPA”) can help pregnancy care ministries […]
Read MoreRacially Charged Religious Discrimination Prohibited Under RLUIPA
Although RLUIPA is mainly concerned withreligious discrimination, racial animus towards a religious organization falls within the ambit of RLUIPA’s very broad protection. On February 7, 2019, the Fourth Circuit, citing the legislative history of RLUIPA, emphasized that “zoning board members or neighborhood residents explicitly offerraceor […]
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Methodist Clergy and Staff Pensions are Safe Regardless of What Happens at the General Conference in February 2019
Other than “Who owns the property of a local church under the United Methodist Trust Clause?” the question looming largest in the minds of most Methodist clergy members is “What happens to my pension after the General Conference in February 2019?” The short answer is […]
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Major Religious Land Use Win in Seventh Circuit Court of Appeals
Yesterday, the Seventh Circuit Court of Appeals ruled in favor of Dalton Tomich client, the Church of Our Lord and Savior Jesus Christ, in its suit against Markham, Illinois. Honorable Judges Easterbrook, Flaum, and Brennan all agreed that the district court was wrong to reject […]
Read MoreSupreme Court Rehears Important Property Rights Case with Implications for Religious Land Use Plaintiffs
Yesterday, the Supreme Court took the unusual step of having a second round of oral arguments in the case of Knick v. Scott Township. As we wrote in October 2018, the property owner in the Knick case has asked the Court to overrule its 1985 decision in Williamson County […]
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The United Methodist Church at a Crossroad
Since its creation in 1968, the United Methodist Church has struggled to define itself. The adaption of cultural norms and the failure to define its basic theology has resulted in a dramatic decline in membership in the denomination. In the United States, for example, membership has […]
Read MoreWhat the Move to Ban Single-Family Zoning May Mean for Religious Assembly Uses
Zoning is often used as a tool to protect the haves from the have-nots. The haves are those who already have homes, schools, and places of worship in a community. The have-nots are those who come to a community in search of those things. Even […]
Read MoreMichigan Court of Appeals Rules Subdivision Property Owners Do Not Have Riparian Rights
Often, buyers purchase waterfront property assuming they have the right to access and use the water. If the neighbors in the community all agree and acquiesce to the use, the situation may continue for years without issue. However, when neighbor disputes arise, litigation may produce […]
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Nonprofit Should Protect Tax-Exempt Status When Accepting Donations
In pursuing its charitable mission, a charity or church often accepts donations or solicits donations from donors.[1] In some cases, the donation comes after receipt of some product or service. If the donor receives something in return for the donation, the nonprofit has a duty […]
Read MoreAbout Us
The attorneys of Dalton & Tomich, PLC have the experience and the knowledge to work with you to develop a legal solution that helps accomplish your goals. Our collaborative approach has helped leaders like you grow businesses and banks, develop and expand churches, and build nonprofit organizations nationwide.
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Detroit, Michigan 48226 - parking:Financial District Garage (730 Shelby Street, access via Lafayette and Shelby)
Mitchell CorderAdministrative Bishop Church of God, Tennessee
In my role as Administrative Bishop for the Church of God, quite often we are faced with issues that involve local governments and municipalities. Many of these issues that arise in dealing with entities are land use related. I have found Dalton & Tomich’s experience and expertise in this area to be a valuable resource and asset in every situation.
Tim RhodusLead Pastor, Cross Church Carlinville & Staunton, IL
Never one time during a year-long litigation process did Dalton & Tomich demonstrate anything other than Christ-like professionalism. They managed the legal details, while we continued to do church. How they managed themselves, managed our case, and represented our church set the table for me and our church to be where we are today.
Ronnie HolmesSenior Pastor, Church of the Open Door, Waco, TX
Dalton & Tomich’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. Their personal interest in helping us went “above and beyond” just the call of duty.