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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.

Understanding RLUIPA – the Non-Discrimination Clause

The third area of religious discrimination Congress addressed when enacting RLUIPA is that of non-discrimination. Congress provided that “No government shall impose or implement a land use regulation

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Understanding RLUIPA – the Equal Terms Provision

Congress provided a separate section of RLUIPA, known as the “equal terms” provision at 42 USC 15 2000cc-(b)(1), which provides that: “No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal […]

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Defining “Substantial Burden” within RLUIPA

The term “substantial burden” in RLUIPA has confused and divided lower courts since it first appeared in the Act. The legislative history of RLUIPA reveals that Congress made a deliberate choice not to define “substantial burden,” but rather allow courts to utilize that definition from […]

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What is the Religious Land Use and Institutionalized Persons Act (“RLUIPA”)?

  • February 11, 2010
  • by Daniel P. Dalton
  • Category: RLUIPA

RLUIPA, passed by a unanimous Congress in 2000 and signed into law by President Clinton, was proposed and enacted by Congress in response to actions taken by local government to exclude houses of worship within communities. Churches traditionally located in residential areas and the model […]

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Welcome to the Dalton Tomich Blog!

Welcome to our blog! I designed this page to serve as a resource for questions related to the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) and related religious governance issues. RLUIPA is Congress’ second attempt to address the inequities of subjective land use decisions […]

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