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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.

Employment matters and the Church: Removing a pastor from the United Methodist Church and the role of the Court

A recent state court decision in New Jersey addresses the role of the civil court’s in a dispute between a United Methodist Church congregation and its pastor.  In Trustees of the Alpine Methodist Episcopal Church v. Reverend Hae Jong Kim, the facts of the case […]

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Employment matters and the religious leader: The Lutheran Church Missouri Synod and the Civil Court

A recent Michigan Court of Appeals decision addressed the thorny issue of how to remove a pastor from a church.  As noted in, Richard P. Hillenbrand v. Christ Lutheran Church of Birch Run, an unpublished opinion of the Michigan Court of Appeals, (2015), the decision is denominationally […]

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Building Codes, Fire Codes and RLUIPA – Affordable Recovery Housing v. The City of Blue Island

SCENARIO: Affordable Recovery Housing (“ARH” or “Plaintiff”) is a non-profit, faith-based organization located in the City of Blue Island, Illinois (“Blue Island” or “Defendant”), on a property referred to as the “Mother of Sorrows property” (“the Property”). Since the mid-1950’s, the Mantellate Sisters of Mary […]

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How to challenge the re-zoning of property in Michigan

Michigan law provides that local governments have the power to re-zone property under a rather broad set of criteria.  Can a property owner challenge the re-zoning?  The answer is yes, but, be aware of the case law and its unique nuances when making the judicial […]

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Defend Trade Secrets Act of 2016 Impact: Employers Must Provide Notice in Employment Agreements

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016, 18 U.S.C. 1832. The DTSA, modeled on the Uniformed Trade Secrets Act, provides federal protection for trade secrets and confidential information, something that has generally been governed by the […]

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Homeless Ministries and RLUIPA

Harbor Missionary Church (“the Church”), located in the City of San Buenaventura, California (“Ventura” or “the City”), provides daily chapel services, bible studies, and prayer to the community of Ventura. Specifically, the Church has devoted itself to serving the needs of Ventura’s homeless population, believing […]

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Equal Terms, RLUIPA and the 7th Circuit Test: a cautionary tail of litigating religious land use claims

Truth Foundation Ministries (“TFM”) is a small church – typically hosting between 40 and 60 parishioners – that conducts Sunday worship services in Romeoville, Illinois. TFM previously held its services at a local high school, but when school district closures prevented the church from operating, […]

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A RLUIPA & Substantive Due Process Win: Summit Church v. Randolph County, West Virginia

RLUIPA Religious Land Use Case: Summit Church – Elkins, West Virginia SCENARIO: Summit Church (“the Church”) of Elkins, West Virginia, sued the Randolph County Development Authority (“RCDA”) alleging that the RCDA’s imposed ban of churches on the former CSX railyard constituted a violation of the […]

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A RLUIPA & Substantive Due Process Win: Summit Church v. Randolph County, West Virginia

RLUIPA Religious Land Use Case: Summit Church – Elkins, West Virginia SCENARIO: Summit Church (“the Church”) of Elkins, West Virginia, sued the Randolph County Development Authority (“RCDA”) alleging that the RCDA’s imposed ban of churches on the former CSX railyard constituted a violation of the […]

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Department of Labor Overtime Changes Bring New Wrinkle to Employers

As I talk to employers in various industries, one of the most common misconceptions that I hear time and time again is that as long as an employee is paid salary, there is no need to worry about paying overtime. This statement is not entirely […]

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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.