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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.

Talking about RLUIPA to the Arizona Bar Association: Why do we need RLUIPA when we have the Free Exercise and Establishment Clauses in the First Amendment?

I had the opportunity to talk with attorneys in Arizona about Religious Land Use and Zoning at the annual meeting of the Arizona Bar Association and was asked to address the question of why do we need RLUIPA when we have the Free Exercise and […]

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detroit liquor license

First Batch of Redevelopment Zone Detroit Liquor Licenses Approved

Crain’s Detroit Business reporter Kurt Nagl wrote in May about about the City of Detroit seeking approval for 20 new liquor licenses through the Redevelopment Area Liquor Licenses that were made available through the State of Michigan. Though the matter was on the agenda for […]

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Supreme Court Issues Major Property Rights Decision That Helps RLUIPA Plaintiffs

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 […]

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SUPREME COURT SENDS RELIGIOUS EXERCISE CASE BACK TO OREGON FOR RECONSIDERATION

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 […]

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The degree of a “Prevailing Party” for Attorney Fees in a RLUIPA action argued in the Second Circuit Court of Appeals

  • June 10, 2019
  • by Daniel P. Dalton
  • Category: RLUIPA

Today we argued in the Second Circuit Court of Appeals in New York City  the issue of how much success must a party have to be a “prevailing party,” to secure attorney fees recoverable under RLUIPA. The United States District Court held below that under […]

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The Three Types of Nuisance Claims Under Michigan Law

In everyday conversation it is not uncommon to hear, “he’s just being a nuisance,” or, “that is such a nuisance.” But what actually is a nuisance? More specifically, when does a person’s (or entity’s) conduct become so inappropriate that it rises to the level necessary […]

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Lake Access for Michigan Back-Lot Owners

If you own property on an in-land Michigan lake, you typically enjoy riparian rights to that lake. You can read more about riparian rights here and here. But what about back-lot property owners on an in-land lake? Are back-lot owners completely shut out of lake […]

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court decision

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

  • May 30, 2019
  • by Noel Sterett
  • Category: RLUIPA

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 […]

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court decision

Federal Court Rules Hope Lutheran Church’s RLUIPA Equal Terms Claim May Proceed

This week, United States District Court Judge Paul Maloney upheld Hope Lutheran Church’s Equal Terms claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) against the City of St. Ignace. The decision is an important win for the Church in its case to […]

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detroit liquor license

More liquor licenses could be coming to Detroit, but getting one may still be complicated

A total of 63 new Detroit liquor licenses could be issued, according to a recent article by Crain’s Detroit Business. I had the pleasure of chatting with reporter Kurt Nagl about the development. While this is good news for bars and restaurants hoping to attain […]

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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.