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Attorneys Specializing in
Land Use and Business Law

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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.

Big Supreme Court Win For Religious Schools and School Choice Movement

This morning the United States Supreme Court reaffirmed that it is unconstitutional to bar religious schools from receiving public benefits or aid solely because of their religious status. The case, Espinoza v. Montana Department of Revenue, involves a scholarship program that the Montana Supreme Court […]

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The Congregational Nature of the United Methodist Church

  The United Methodist Church itself was formed when the Methodist Church and the Evangelical United Brethren Church merged in 1968.[i] The new denomination created a structure whereby The United Methodist Church itself is not a legal entity, the denomination has no leader, and self-describes […]

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How did we get to the point that separation is the only way forward for the United Methodist Church?

How is it that the second largest protestant denomination has gotten to the point that nearly all agree that separation is the only path?[i]  How has the United Methodist Church lost nearly half of its 12 million members it had in the United States since […]

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Lakefront Properties and Boundary Line Disputes

  A recent riparian rights decision by the Court of Appeals of Michigan shows the importance of speaking up when you believe your neighbor is encroaching on your property. In White v. Ochalek, the parties owned adjacent waterfront properties on Hubbard Lake. Their deeds provide […]

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Court Orders Connecticut Borough To Tax Residents to Pay Major Attorney Fee Award in RLUIPA Case

Civil rights litigation is vitally important. But it is neither easy nor cheap. It is often a war of attrition between a plaintiff with limited resources and a taxpayer-funded government defendant. In light of this funding imbalance, many government defendants fight even the most meritorious […]

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South Carolina Court Hands Local Churches Another Win Over Denominational Trust Clause Claims

All across the country, local congregations are deciding to leave their denominations and take the necessary steps to keep their properties. There is an increasing number of congregations seeking to leave the United Methodist Church, Episcopal Church, and Reformed Church of America. And while some […]

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Know your (water) rights before purchasing that lakefront home

Land use attorney highlights eight considerations when buying waterfront property Media Contacts: Barbara Fornasiero, EAFocus Communications; barbara@eafocus.com; 248.260.8466; Daniel Dalton; ddalton@daltontomich.com; 248.229.2329 Detroit—June 23, 2020—Outdoor recreation seekers are flocking to the water now that summer is here and states have begun relaxing their COVID-19 restrictions, […]

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Protestant denominational splits continue as churches make plans to separate from Reformed Church in America and Christian Reform Church

Religious property attorney outlines key legal areas of contention in separations Media Contacts: Barbara Fornasiero, EAFocus Communications; barbara@eafocus.com; 248.260.8466; Daniel Dalton; ddalton@daltontomich.com; 248.229.2329 Detroit—June 18, 2020—Daniel P. Dalton, a religious property attorney, co-founder of Detroit-based Dalton + Tomich,and author of an eBook about protocols for […]

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7th Circuit Court of Appeals Rejects Illinois Churches’ Challenge to State’s COVID Restrictions

Today, the Seventh Circuit Court of Appeals ruled in Elim Romanian Church, et al. v. Pritzker that Illinois’s COVID restrictions, which limited the size of public gatherings to ten people, did not violate the First Amendment. By way of background, several Illinois churches had sued […]

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Court of Appeals Allows Docks and Mooring of Boats in Private Park

  • June 16, 2020
  • by Lawrence Opalewski
  • Category: Firm News

One of the more common issues when discussing riparian rights is whether access to a privately dedicated park includes the right to access the water and erect docks. While certain legal principles control the analysis, each case is decided on its own facts. Recently, the […]

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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.