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U.S. Supreme Court Declines to Hear RLUIPA Equal-Terms Case

  • May 13, 2019
  • by Noel Sterett

The United States Supreme Court recently had the opportunity to address several important questions regarding the Religious Land Use and Institutionalized Persons Act (RLUIPA) in Tree of Life Christian Schools v. Upper Arlington, Ohio. However, today the Court unfortunately declined to hear the case. This […]

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Federal Court Says Stop Work Orders and Other Non-Zoning Processes Are Land Use Regulations Subject to RLUIPA

  • April 25, 2019
  • by Noel Sterett

As its name suggests, the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. 2000cc et seq., governs how religious land uses may be regulated. Therefore, a threshold question for every type of claim under RLUIPA is whether a land use regulation is even […]

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Is the Supreme Court Preparing to Reconsider Key Case Which Led to Enactment of RLUIPA?

  • April 15, 2019
  • by Noel Sterett

The United States Supreme Court may be poised to reconsider or even overrule one of its landmark free exercise cases–Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990). A more recent case out of Oregon, Klein v. Oregon Bureau of […]

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Department of Justice Files Statement of Interest Supporting Hope Lutheran Church

  • March 19, 2019
  • by Noel Sterett

This morning the Department of Justice filed a statement of interest in support of Dalton & Tomich client Hope Lutheran Church in its religious land use case against St. Ignace, Michigan. The Department of Justice files statements of interest when it determines that a case […]

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Seventh Circuit Upholds Clergy Housing Allowance As Constitutional

  • March 15, 2019
  • by Noel Sterett

Today, the Seventh Circuit Court of Appeals issued its decision upholding the constitutionality of the clergy housing allowance. Rather than wait until to see if the Supreme Court would clarify its currently jumbled Establishment Clause jurisprudence (as we recently speculated they might), the Seventh Circuit ruled […]

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Noel Sterett Comments on Status of Case Challenging Clergy Housing Allowance

  • March 12, 2019
  • by Noel Sterett

Recently, Church Law & Tax, a publication which helps church leaders stay up-to-date on legal and tax matters, asked Dalton & Tomich attorney Noel Sterett to comment on the status of the case challenging the constitutionality of the clergy housing allowance. In an article which can […]

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Seventh Circuit Rules Church Has Standing to Challenge Entirety of Zoning Scheme Under RLUIPA’s Equal Terms Provision

  • February 14, 2019
  • by Noel Sterett

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, […]

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Noel Sterett to Speak at 2019 NIFLA Legal Summit About RLUIPA Protections for Pregnancy Care Centers

  • February 8, 2019
  • by Noel Sterett

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 […]

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Major Religious Land Use Win in Seventh Circuit Court of Appeals

  • January 18, 2019
  • by Noel Sterett

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 […]

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Supreme Court Rehears Important Property Rights Case with Implications for Religious Land Use Plaintiffs

  • January 17, 2019
  • by Noel Sterett

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 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.