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.

Top 5 Legal Considerations Facing Food Trucks

There’s no question about it: the food truck industry is booming. While food trucks are certainly a popular choice for burgeoning entrepreneurs, they also involve many unique legal considerations. Below is a summary of some of the most common legal issues facing food truck owners. Choosing […]

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Variances vs. Special Exceptions: In the Matter of Tabernacle of Victory Pentecostal Church v. David P. Weiss

Tabernacle of Victory Pentecostal Church (“Petitioner”) is the owner of a certain property on the Hempstead Turnpike in Franklin Square, New York. The property is split zoned, with the front situated in a “Business District” and the rear situated in a “Residence C District.” Due […]

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Ripeness, Finality and Subject Matter Jurisdiction on Justiciable Land Use Claims: Sunrise Detox V, LLC v. City of White Plains

  Sunrise Detox V, LLC (“Sunrise”) sought to establish a facility in White Plains, New York (the “City”) for individuals recovering from drug or alcohol addiction. To accomplish its goal, Sunrise applied for a special use permit for its proposed facility: a building located in […]

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Community meals and RLUIPA

St. Vincent de Paul Place, Norwich, Inc., (“St Vincent” or “Appellant”) is a community meal site and food pantry “that strives to meet the needs of homeless people and families with limited income in the greater Norwich[,] [Connecticut] area.” On July 9, 2012, St. Vincent […]

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Prior approval to assemble and use a building for Church and the subsequent demand to leave: RLUIPA and Substantial Burden concerns

The Church of Our Lord and Savior Jesus Christ (“Plaintiff” or “Church”) brought suit against the City of Markham, Illinois (“Defendant” or “City”), following the City’s denial of a special use permit to allow Plaintiff to operate a church in an area zoned residential. Upon […]

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Zoning maps, zoning changes and RLUIPA -Liberty Temple Full Gospel Church, Inc. v. Village of Bolingbrook , Illinois

Liberty Temple Church of Bolingbrook (“Liberty Bolingbrook” or “Church”) is a small congregation of less than 100 members, and a branch of Liberty Temple Full Gospel Church, Inc. (“Liberty Gospel” or “Plaintiff). Liberty Gospel is a not-for-profit organization that is registered in Illinois, and has […]

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What can a property owner do when the local government in Michigan takes ownership of land?

Are there any claims available to a property owner whose property has been either physically taken, or rendered useless through zoning regulations under Michigan law? The answer is yes; a property owner may assert an inverse condemnation claim in limited circumstances. A claim for inverse […]

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Is a Recipe Intellectual Property?

Imagine this: a restaurant hires a celebrity chef to give its business a boost with a headliner to draw new customers to the establishment. The celebrity chef creates new dishes while employed at the restaurant, and naturally, a following ensues that increases business. A few years […]

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Litigating Religious Land Use Claims: immunity for individual members of a City Council and Illinois State Tort & RFRA claims

  American Islamic Center (“AIC” or “Plaintiff”) provides religious and educational services to the Muslim community of the Chicago metropolitan area. In March 2011, AIC began to search for a permanent facility in which to conduct its activities. On February 6, 3012, AIC contracted to […]

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converting home to church

Converting a residential home to Church: Do you still need to comply with zoning ordinances?

Faith Walk Fellowship Church (“Faith Walk”) owns a single-family residence in a single-family residential district of Cleveland, Ohio (“the City”). As churches are permitted uses in single-family residential districts, Faith Walk sought a variance to use the residence as a church, and to install a […]

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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.