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Land Use Attorneys
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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.

Settlement Agreement “Tender Back” Rule Upheld by Michigan Court

Can an employee sue its employer where she released all claims in severance agreement, even though the employer stopped payments per the agreement?  In Yob v. Smith and Van Fossen, Mich. Court of Appeals No. 339607 (May 15, 2018), the court of appeals upheld the […]

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Religious liberty champion attorney Noel W. Sterett joins Dalton & Tomich, PLC, opens Illinois office

Sterett has successfully defended the rights of congregations across the country, recently co-authored guide to help church leaders navigate RLUIPA, land use litigation process Attorney Noel W. Sterett has joined the law firm Dalton & Tomich, PLC. Sterett focuses his practice on the defense of […]

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Supreme Court Reaffirms Religious Liberty Protections in Cake Case; Decision Underscores Importance of RLUIPA and State RFRA’s

This morning the United States Supreme Court, by a 7-2 vote in the Masterpiece Cakeshop case, reaffirmed “the First Amendment’s guarantee that our laws be applied in a manner that is neutral toward religion.” The case involves a Colorado baker, Jack Phillips, who declined on […]

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Daniel P. Dalton recognized for excellence in land use litigation by America’s Top 100 Attorneys

Religious land use attorney Daniel P. Dalton of Dalton & Tomich, PLC has been recognized with a Lifetime Achievement selection to America’s Top 100 Attorneys®. Dan is the nation’s preeminent expert in the Religious Land Use and Institutionalized Person Act, also known as RLUIPA. He […]

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Update on the Supreme Court’s Review of the Enforceability of Denominational Trust Clauses

As noted earlier this year, the Diocese of South Carolina asked the United States Supreme Court to review the enforceability of trust clauses.  The Supreme Court ordered the Episcopal Church to file a response, which, occurred on May 8, 2018. In addition to the response […]

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Court Clears Way for Use of Unpaid Volunteer Labor

Organizations that use volunteer labor can breathe a sigh of relief.  With the latest decision from the Sixth Circuit Court of Appeals, Acosta v. Cathedral Buffet, Inc., 6th Cir., Case No. 17-3427, (April 16, 2017), the Appellate Court clarified that use of unpaid labor, was […]

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Pensions and the Methodist Pastor

Moving to a Pension Plan In 2004, the United Methodist Church made a financial decision relative to the retirement benefits of Methodist clergy contrary to most other religious and private entities: it moved from a 401k retirement plan to a traditional pension plan. The New […]

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Methodist Trust Clause enforceability is a question of fact for trial, Washington Court finds

In a case pending in the Spokane, Washington Superior Court captioned Mead Community Church v. the Pacific Northwest Conference, the Court decided that the enforceability of the United Methodist Trust Clause must go to trial. The Church Established in the 1880’s, Mead Community Church is a small […]

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Texas Court invalidates denominational Trust Clause

In The Episcopal Church v. Salazar, (TX App, April 5, 2018), a Texas Court of Appeals panel issued a 178-page ruling, concluding in part, that denominational trust clauses are not enforceable.  With wide-ranging implications, and with a strong basis on the law, the Court concluded […]

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Producing Corporate Records: Not a Family Matter

Closely held family corporations are often grounds for showing the complicated nature of familial relationships.  This is on display in Hammoud v. Advent Home Medical, a recent Michigan Court of Appeals case (No. 340502) which illustrates the interplay of discord among family members, and 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.