Land Use Attorneys
and Business Law Experts

Partners to Religious Organizations, Property Owners and Businesses

Author Archive

Supreme Court Issues Major Property Rights Decision That Helps RLUIPA Plaintiffs

  • June 21, 2019
  • by Noel Sterett

This morning the Supreme Court issued a major property/civil rights decision in Knick v. Township of Scott.  In a 5-4 decision, the Court overruled its 1985 decision in Williamson County v. Hamilton Bank. The Williamson County decision adopted a rule which required property owners to […]

Read More

SUPREME COURT SENDS RELIGIOUS EXERCISE CASE BACK TO OREGON FOR RECONSIDERATION

  • June 17, 2019
  • by Noel Sterett

In our April 15, 2019 blog post, we discussed a petition for review that was pending before the United States Supreme Court. The petition was filed in the case of Klein v. Oregon Bureau of Labor and Industries, and it involved two bakers who claimed […]

Read More

Appellate Lawyers Association’s Annual 7th Circuit Roundtable Luncheon a Success

  • May 30, 2019
  • by Noel Sterett

Yesterday, summer associate Thomas Philbrick and I were honored to attend the Appellate Lawyers Association’s Annual Roundtable Luncheon with the Judges of the United States Court of Appeals for the Seventh Circuit. The event took place at the Union League Club in Chicago on May […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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, […]

Read More
About Us

logo

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.