Land Use Attorneys
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Author Archive

Using RLUIPA when appearing before local planning and zoning boards

  • November 5, 2019
  • by Daniel P. Dalton

In the past several months, we have found that the strategic use of the Religious Land Use and institutionalized Persons Act (also known as RLUIPA) can be used to successfully persuade members of a Planning Commission or Zoning Board of Adjustment / Appeals to approve […]

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Church growth occurs after local churches leave the United Methodist Denomination

  • October 30, 2019
  • by Daniel P. Dalton

  When making the decision to leave the United Methodist Church, leaders typically ask what happens to the membership of the congregation once the local church leaves the denomination. Our experience, and that of others who have left the Episcopal and Presbyterian USA denominations, has […]

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Defining “religious exercise” under RLUIPA in the 8th Circuit Court of Appeals

  • September 26, 2019
  • by Daniel P. Dalton

  Today we had the opportunity to argue the parameters of RLUIPA before the Eighth Circuit Court of Appeals in St. Louis, Missouri in the case of St. John Vianney High School v. City of Kirkwood, Missouri.  In this case, the City of Kirkwood approved the renovation […]

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Happy RLUIPA Day!

  • September 22, 2019
  • by Daniel P. Dalton

On this day 19 years ago, President Bill Clinton signed into law the Religious Land Use and Institutionalized Persons Act, also known as RLUIPA. The law was passed by a unanimous Congress to enforce, by statutory right, four different constitutional prohibitions related to the development […]

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“Partying” on the Lake — The Power of Dedication Language in a Subdivision Plat

  • September 18, 2019
  • by Daniel P. Dalton

Recorded about 80 years ago, the dedication language in a plat became the subject of a lawsuit which made it the Michigan Court of Appeals 3 years ago (Yuska v. Hasler). Yuska v. Hasler serves as a reminder that dedication language in a plat could […]

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The Fourth Option: Leaving the United Methodist Church

  • August 31, 2019
  • by Daniel P. Dalton

  It seems like the annual conference of the United Methodist Church in St. Louis, Missouri just ended and yet the  time is drawing near for petitions to be submitted to be considered at the next General Conference in May 2020. To date, the petitions […]

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Appeals court orders Litchfield borough to pay Chabad Lubavitch’s legal fees

  • August 21, 2019
  • by Daniel P. Dalton

As reported in the Torrington Register Citizen on August 19, 2019, the Second Circuit Court of Appeals affirmed the fee award for Dalton & Tomich PLC and the other attorneys who represented the Chabad in Litchfield, Connecticut in the decade long litigation over approving the […]

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Silence is not the appropriate response to the crisis within the United Methodist Church

  • August 15, 2019
  • by Daniel P. Dalton

  Sunday is coming. Soon, many of the faithful will find themselves in United Methodist churches that dot nearly every corner of this country; disparate buildings where they’ll gather under the guise of religion, of faith, of goodness. Whether set in trappings that are ancient or […]

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Who is responsible for trees on a property line in Michigan?

  • August 11, 2019
  • by Daniel P. Dalton

One of the most common questions we receive on property line or easement related question is who is a responsible for trees on a property line. Imagine the scenario where you own land and have a tree near the property line. A large branch grows […]

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Methodist Bishops Invalidate the Exit Plan

  • August 11, 2019
  • by Daniel P. Dalton

  There is an old adage in business that is equally applicable to the leaders within the current United Methodist Church: The institution will preserve the institution at the cost of driving out the members who it seeks to serve.  In other words, institutions preserve […]

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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.