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 District of Michigan Southern Division. The oral arguments will take place before the Sixth Court of Appeals in Cincinnati.
Attorney Daniel P. Dalton, co-founder of the Bloomfield Hills, Mich. law firm Dalton Tomich plc, announced a unanimous verdict of $600,000 issued by a federal jury in favor of Worth Township, Mich. residents George and Margaret Paeth in August 2010. The Court subsequently awarded the Paeths nearly $300,000 in attorney fees. Dalton represented the Paeths at trial and on appeal.
The Paeth vs. Worth Township verdict remains the largest procedural due process and First Amendment retaliation case in the history of the federal courts within the Eastern District of Michigan and one of the largest such verdicts rendered to date nationwide. Worth Township appealed the jury decision in November 2010.
According to Dalton, "the Paeth vs. Worth Township verdict was based upon the Township's deliberate and spiteful violation of the Paeths' constitutional rights."
Since August 2010, the court ordered the Township to assess all property owners to pay for the judgment and the Township collected $1 million. Additionally, the Township clerk was recalled, two council members quit and the Township supervisor lost his bid for re-election.
Dalton is among the nation’s most well regarded land use attorneys. He has won landmark land use and zoning cases for clients across the country, including several precedent-setting decisions on behalf of religious organizations under the Religious Land Use and Institutionalized Persons Act of 2000, also know as RLUIPA.
Dalton issued the following statement summarizing the case after the August 2010 Paeth vs. Worth Township verdict:
"The facts in this case established that throughout the past five years, the elected and appointed officials of Worth Township used their governmental powers in an unlawful and spiteful manner to drive the Paeths out of Worth Township because they dared to question the elected officials' governance. In an attempt to construct their dream home, the Paeths found themselves in a constant battle with the Township and its building inspector, mostly in the issuance and subsequent unlawful revocation of their water and building permits.
"The battle reached a pinnacle in November 2007, after the Township unlawfully posted a stop work order without any basis. The Township admitted it posted the order because the Paeths won a zoning appeal in the Sanilac Circuit Court that was twice affirmed by the Michigan Court of Appeals.
"The jury found that these acts, among others, deprived the Paeths of their constitutional rights -- retaliation for exercise of their First Amendment Rights along with their Fifth Amendment Procedural Due Process rights.”
Based in Bloomfield Hills, Mich., Dalton & Tomich plc is a law firm specializing in providing guidance to leading religious organizations in land use and zoning matters, helping property owners in land use matters, and assisting businesses and financial institutions as legal counsel across the nation. Visit http://www.daltontomich.com for more information.
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Congratulations to Katharine Brink as her article, “Neglecting Due Process Rights of Immigrants In the Southwest United States: A Critique of Operation Streamline” was recently published in the University of Detroit Mercy Law Review, Volume 89, Issue Three, Spring 2012. Well done!...
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The 5th Circuit Court of Appeals enforces RLUIPA against a City who singled out a religious assembly
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Dan Dalton and Zana Tomich named to Super Lawyers 2012
By Dan Cortez
September 18, 2012
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RLUIPA trial begins October 9: the Academy of Our Lady of Peace v. City of San Diego
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San Diego – The Honorable Cathy Ann Bencivengo, United States District Court Judge for the Southern District of California, has set a trial date of October 9, 2012 in the case of Academy of Our Lady of Peace v. City of San Diego, a precedent-setting religious land use and zoning case. ...
The use of RLUIPA to gain access to entry of a religious facility
By Daniel P. Dalton
August 27, 2012
A federal judge has granted a Temporary Restraining Order in favor of a Mosque in Tennessee. In United States v. Rutherford County, the Islamic Center of Murfreesboro and the Civil Rights Division of the U.S. Justice Department both filed lawsuits against Rutherford County, Tennessee. The dispute arose out of a...
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By Zana Tomich
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RLUIPA includes private chapel’s
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Lot lines and CEQA
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Wedding ceremonies are protected under the First Amendment Free Exercise Clause
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Equal Treatment under RLUIPA
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The Wisconsin Court of Appeals for District IV recently overturned a dismissal of an action by the County of Jackson against Joni L. Borntreger for failure to obtain a zoning permit before building a sawmill on his property. In County of Jackson v. Joni L. Borntreger, the court ruled that...
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By Dan Cortez
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By Daniel P. Dalton
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By Daniel P. Dalton
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Private School Fights City Over Expansion Plans
By Daniel P. Dalton
June 05, 2012
Dalton & Tomich client, Academy of Our Lady of Peace's litigation against the City of San Diego is highlighted in the San Diego Daily Transcript on June 4, 2012. /images/uploads/SanDiegoSourceDailyTranscript_OLPTrialArticle_060412_copy.pdf...
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By Dan Cortez
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The Sixth Circuit Court of Appeals held this week that subordinate and superior employees alike can be held liable for First Amendment Retaliation if their actions work to implement the retaliatory adverse action. In King v. Zamiara, the Court reversed a grant of summary judgment to three Michigan prison officials...
The Academy of Our Lady of Peace Religious Land Use case is heading to trial October 1
By Daniel P. Dalton
May 23, 2012
San Diego (May 23, 2012) – The Honorable Cathy Ann Bencivengo, United States District Court Judge for the Southern District of California, has set a trial date of October 1, 2012 in the case of Academy of Our Lady of Peace v. City of San Diego, a precedent-setting religious land...
Michigan Court of Appeals Protects Clergy-Congregant Privilege
By Daniel P. Dalton
May 23, 2012
The Michigan Court of Appeals has recently shot down a challenge to Michigan’s long-recognized clergy-congregant privilege. The court ruled that the presence of the minor congregant’s mother during communications did not waive the privilege and that it did not matter that the clergy member had initiated communications rather than the...
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...