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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.

Noel Sterett to Speak at 2019 NIFLA Legal Summit About RLUIPA Protections for Pregnancy Care Centers

  • February 8, 2019
  • by Noel Sterett
  • Category: RLUIPA

In May, the National Institute of Family and Life Advocates (“NIFLA”) will be hosting its annual legal summit. NIFLA has asked Dalton & Tomich attorney Noel Sterett to present on how the Religious Land Use & Institutionalized Persons Act (“RLUIPA”) can help pregnancy care ministries […]

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Racially Charged Religious Discrimination Prohibited Under RLUIPA

Although RLUIPA is mainly concerned with religious discrimination, racial animus towards a religious organization falls within the ambit of RLUIPA’s very broad protection. On February 7, 2019, the Fourth Circuit, citing the legislative history of RLUIPA, emphasized that “zoning board members or neighborhood residents explicitly offer race or […]

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Methodist Clergy and Staff Pensions are Safe Regardless of What Happens at the General Conference in February 2019

Other than “Who owns the property of a local church under the United Methodist Trust Clause?” the question looming largest in the minds of most Methodist clergy members is “What happens to my pension after the General Conference in February 2019?” The short answer is […]

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Major Religious Land Use Win in Seventh Circuit Court of Appeals

Yesterday, the Seventh Circuit Court of Appeals ruled in favor of Dalton Tomich client, the Church of Our Lord and Savior Jesus Christ, in its suit against Markham, Illinois. Honorable Judges Easterbrook, Flaum, and Brennan all agreed that the district court was wrong to reject […]

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Supreme Court Rehears Important Property Rights Case with Implications for Religious Land Use Plaintiffs

  • January 17, 2019
  • by Noel Sterett
  • Category: RLUIPA

Yesterday, the Supreme Court took the unusual step of having a second round of oral arguments in the case of Knick v. Scott Township. As we wrote in October 2018, the property owner in the Knick case has asked the Court to overrule its 1985 decision in Williamson County […]

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The United Methodist Church at a Crossroad

Since its creation in 1968, the United Methodist Church has struggled to define itself. The adaption of cultural norms and the failure to define its basic theology has resulted in a dramatic decline in membership in the denomination. In the United States, for example, membership has […]

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What the Move to Ban Single-Family Zoning May Mean for Religious Assembly Uses

  • January 16, 2019
  • by Noel Sterett
  • Category: RLUIPA

Zoning is often used as a tool to protect the haves from the have-nots. The haves are those who already have homes, schools, and places of worship in a community. The have-nots are those who come to a community in search of those things. Even […]

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Michigan Court of Appeals Rules Subdivision Property Owners Do Not Have Riparian Rights

Often, buyers purchase waterfront property assuming they have the right to access and use the water. If the neighbors in the community all agree and acquiesce to the use, the situation may continue for years without issue. However, when neighbor disputes arise, litigation may produce […]

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Nonprofit Should Protect Tax-Exempt Status When Accepting Donations

  • January 14, 2019
  • by Zana Tomich
  • Category: Firm News

In pursuing its charitable mission, a charity or church often accepts donations or solicits donations from donors.[1]  In some cases, the donation comes after receipt of some product or service. If the donor receives something in return for the donation, the nonprofit has a duty […]

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Dalton & Tomich PLC guides Greenleaf Township, Michigan to victory in Federal Court litigation

  One of the best compliments an attorney can have is when an opposing party hires the attorney who sued them in a subsequent case to defend its interest or pursue a claim. This happened to our firm when Dalton & Tomich, PLC was hired […]

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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.