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No Land Use Regulation, No RLUIPA Violation
As explained more thoroughly in “Litigating Religious Land Use Cases,” RLUIPA contains five claims under its broad statutory umbrella. And while each claim has distinct and separate elements, allclaims start with: “No government shall impose or implement a land use regulation. . . .”[1]RLUIPA’s text […]
Read MoreProperty taxes and religious organizations: Can you challenge a local property tax decision in federal Court?
When a religious organization applies for but is denied a property tax exemption under state law, the Tax Injunction Act may prevent a federal court from hearing a claim challenging such a decision. The Tax Injunction Act (“TIA”) prohibits federal district courts from enjoining, suspending or […]
Read MoreParking requirements for Religious Assembly: How RLUIPA helps
When it comes to abiding by land use and zoning laws, many religious assemblies and institutions face hurdles. Depending on the circumstances, meeting a city’s parking requirements can be a big one. The City of Chicago’s parking requirements, for example, seemed to be the only […]
Read MoreHow Michigan Courts Handle Neighbor Water Runoff Issues
As land use attorneys, we get many questions regarding water rights. These questions typically involve lake or river access and navigation. These questions generally fall under the category of riparian rights. One water question that does not fall neatly into the riparian category is the […]
Read MoreKavanaugh, J., May Decide Fate of “Williamson County” Rule That Plagues Religious Land Use Cases
As we wrote in October, the Supreme Court is considering whether to overrule its decision in Williamson County in the case of Knick v. Scott Township. The Williamson County rule requires property owners to exhaust state remedies before they can ask a federal court to decide whether the government […]
Read MoreThe Three takeaways from the Third Global Gathering of the Wesleyan Covenant Association
It was a privilege to attend the Third Annual Global gathering of the Wesleyan Covenant Association (WCA) meeting in Marietta, Georgia on Saturday November 3, 2018. Having attended the prior gatherings in Houston, Texas and Chicago, Illinois, it was good to see how much […]
Read MoreNoel 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 […]
Read MoreThe Methodist Way Forward? The Judicial Council Decision and its impact on the local Methodist Church
On Friday October 26, 2018 the Judicial Conference issued its opinion concerning the constitutionality of the One Church Plan and the Traditional Plan that will be presented to the General Conference of the United Methodist Church in February 2019. In sum, the Judicial Council ruled […]
Read MoreCourt Enters Order Protecting Hope Lutheran Church Just Six Weeks After Suit Filed
On September 14, 2018, Dalton & Tomich attorneys Noel Sterett and Larry Opalewski filed a federal religious land use suit on behalf of Hope Lutheran Church against the City of St. Ignace, MI. The church, which had been meeting at its property at 132 S. […]
Read MoreSupreme Court Asked to Protect Religious Land Use Plaintiffs from “Williamson County” Rule
In 1985, the Supreme Court decided a Fifth Amendment takings case called Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. The Court held that property owners had to exhaust state remedies before they could ask a federal court to decide whether the […]
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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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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.