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Attorneys for Land Use,
Property and Business Law

Partners to Religious Organizations, Property Owners and Businesses

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We are experienced attorneys offering innovative and collaborative legal solutions that grow businesses and banks, expand churches, and build nonprofit organizations. Our blog features insight into recent case decisions, advice for budding entrepreneurs and established leaders, as well as commentary on other aspects of the legal profession that we find interesting. Welcome. Please let us know what you think.

From the Supreme Court to continued separations from the United Methodist Church and other traditional Protestant denominations, religion will be in the legal spotlight in 2021

Media Contacts: Barbara Fornasiero, EAFocus Communications; barbara@eafocus.com; 248.260.8466; Dan Dalton; ddalton@daltontomich.com; 248.229.2329 Detroit—-December 3, 2020—Daniel P. Dalton, a religious property attorney, co-founder of Detroit-based Dalton + Tomich,and author of an eBook about protocols for the United Methodist Church separation,points to several key indicators that traditional religious […]

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Three Constitutional Protections Relevant to Local Zoning

  • November 29, 2020
  • by Alex Reuter
  • Category: Firm News

When navigating through the nuances of a local zoning code or enforcement action the first thing to come mind is probably not the protections of the federal constitution. In reality, however, almost every zoning provision and action involves, to some extent, a variety of constitutional […]

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Homeowners’ attempt to declare foreclosure proceeding untimely fails

  Most if not all mortgage agreements contain a debt acceleration clause. That clause allows the bank to declare the entire balance due upon the occurrence of an event—like the failure to make a payment. In Akouri v. Comerica Bank, one of the questions addressed […]

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Five Laws For Which Americans Can Be Thankful

Religious Land Use & Institutionalized Persons Act (RLUIPA) Congress enacted RLUIPA in 2000 based on evidence of widespread discrimination against religious assemblies and institutions in the zoning and land use context. Many religious groups were struggling to find a place to meet. Others were struggling […]

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The Supreme Court faces another Religious Property Dispute

The Episcopal Church (TEC) and its diocese of Fort Worth have asked the United States Supreme Court to accept their appeal of the decision of the Texas Supreme Court who found in favor of local churches leaving the denomination and retaining their property. This application […]

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Protecting Your Church or Nonprofit with Parental Consent and Waiver Forms

Many churches and nonprofits have had to cancel their summer activities as a result of the COVID-19 pandemic. The good news is that the pandemic will not last forever and, in light of fast-moving breakthroughs in the development of a vaccine, the end of the […]

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Court Takes Strict View of Easement by Necessity

  • November 13, 2020
  • by Lawrence Opalewski
  • Category: Firm News

An interesting but seldom-used doctrine in property law is that of the easement by necessity. Cases citing this doctrine arise most commonly in the 1800s and early 1900s when undeveloped land was being subdivided and sold. But the easement by necessity still arises from time […]

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Fulton v. City of Philadelphia reflects rising trend of cities restricting faith-based organizations from serving their communities

“In some cases, zoning and land use restrictions are choking them out; in other cases, cities are going after religious institutions because their religious beliefs do not jive with public policy positions…” Media Contacts: Barbara Fornasiero, EAFocus Communications; barbara@eafocus.com; 248.260.8466; Noel Sterett; nsterett@daltontomich.com; 815.997.7221 Chicago—-November […]

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Can the Government Kick Religious Groups Out of Social Services?

  • November 9, 2020
  • by Noel Sterett
  • Category: Firm News

All across the country, religious institutions are at the fore of providing social services to their communities. Thousands of homeless shelters, adoption agencies, schools, hospitals, and food pantries would not exist if it were not for the faith communities which founded them and keep them […]

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Court awards money to prevent injustice

Have you ever done something that benefits another person with the expectation that you will get something in return? Sometimes, unfortunately, even when the other person is aware of your expectations, he or she does not follow through. What remedies do you have? Courts will […]

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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.