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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.

Dalton & Tomich PLC helps another local Church leave a denomination and keep its property

  The law firm of Dalton & Tomich PLC has successfully represented many local churches throughout the United States who have left the United Methodist Church, the Episcopal Church and the Presbyterian USA denomination over the past decade. Many local congregations wish to leave their […]

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Religious liberty legal scholar and professor Christopher C. Lund joins law firm of Dalton & Tomich, PLC

Berman Prize winner and Wayne State University Law School Professor of the Year will help the Dalton & Tomich, PLC team guide religious organizations through denominational property disputes, land use and zoning cases Christopher C. Lund DETROIT – Award-winning scholar, author and professor Christopher C. […]

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No Land Use Regulation, No RLUIPA Violation

As explained more thoroughly in “Litigating Religious Land Use Cases,” RLUIPA contains five claims under its broad statutory umbrella. And while each claim has distinct and separate elements, allclaims start with: “No government shall impose or implement a land use regulation. . . .”[1]RLUIPA’s text […]

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Property taxes and religious organizations: Can you challenge a local property tax decision in federal Court?

When a religious organization applies for but is denied a property tax exemption under state law, the Tax Injunction Act may prevent a federal court from hearing a claim challenging such a decision. The Tax Injunction Act (“TIA”) prohibits federal district courts from enjoining, suspending or […]

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Parking requirements for Religious Assembly: How RLUIPA helps

When it comes to abiding by land use and zoning laws, many religious assemblies and institutions face hurdles. Depending on the circumstances, meeting a city’s parking requirements can be a big one. The City of Chicago’s parking requirements, for example, seemed to be the only […]

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How Michigan Courts Handle Neighbor Water Runoff Issues

As land use attorneys, we get many questions regarding water rights. These questions typically involve lake or river access and navigation. These questions generally fall under the category of riparian rights. One water question that does not fall neatly into the riparian category is the […]

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court decision

Kavanaugh, J., May Decide Fate of “Williamson County” Rule That Plagues Religious Land Use Cases

  • November 5, 2018
  • by Noel Sterett
  • Category: RLUIPA

As we wrote in October, the Supreme Court is considering whether to overrule its decision in Williamson County in the case of Knick v. Scott Township. The Williamson County rule requires property owners to exhaust state remedies before they can ask a federal court to decide whether the government […]

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The Three takeaways from the Third Global Gathering of the Wesleyan Covenant Association

  It was a privilege to attend the Third Annual Global gathering of the Wesleyan Covenant Association (WCA) meeting in Marietta, Georgia on Saturday November 3, 2018.  Having attended the prior gatherings in Houston, Texas and Chicago, Illinois, it was good to see how much […]

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Noel Sterett Argues RLUIPA Case Before Seventh Circuit Court of Appeals on Halloween

  • November 2, 2018
  • by Noel Sterett
  • Category: RLUIPA

On Wednesday, October 31, 2018, I spent my Halloween exactly how every attorney would like to spend it:  arguing an important case in front of a panel of three of the most distinguished federal judges in the country. The Honorable Judges Easterbrook, Flaum, and Brennan […]

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The Methodist Way Forward? The Judicial Council Decision and its impact on the local Methodist Church

On Friday October 26, 2018 the Judicial Conference issued its opinion concerning the constitutionality of the One Church Plan and the Traditional Plan that will be presented to the General Conference of the United Methodist Church in February 2019. In sum, the Judicial Council ruled […]

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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.