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Is RLUIPA constitutional?
Ten years after Congress passed the Religious Land Use and Institutionalized Persons Act, local governments still argue that RLUIPA is unconstitutional claiming that it gives religious entities an advantage in land use disputes over local communities. Federal Court’s routinely reject constitutional challenges
Read MoreExpanding an Existing Building and RLUIPA
Many of the cases involving RLUIPA occur after a religious entity has been at a location for a period of time, has grown and now wants to expand. Does RLUIPA apply where a local government refuses to allow the expansion?
Read MoreUnderstanding RLUIPA – Why We need the Law and the Impact of the Law
Before Congress enacted RLUIPA in 2000, the conventional view confirmed by judicial decisions, and lawyers like me, was that religious land uses cases would be rejected. A Harvard Law School survey of reported cases decided on the merits confirmed that religious land use plaintiffs were […]
Read MoreUnderstanding RLUIPA – the Remedies
Congress provided two remedies for religious organizations that prevail in religious lands use disputes under RLUIPA. The first is an award of attorney fees under 42 U.S.C. 1988. The second is injunctive relief and monetary damages within RLUIPA. 42 U.S.C. 2000cc-5(4)(a).
Read MoreUnderstanding RLUIPA – the Unreasonable Limitations and Exclusion Clauses
The fourth and fifth prongs of RLUIPA are the unreasonable limitations and exclusions clauses found at 42 USC 2000cc (2)(b)(2). In order establish a claim under these parts of RLUIPA, religious institutions must establish that religious assemblies have been totally excluded from a jurisdiction or […]
Read MoreUnderstanding 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
Read MoreUnderstanding 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 […]
Read MoreDefining “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 […]
Read MoreWhat is the Religious Land Use and Institutionalized Persons Act (“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 […]
Read MoreWelcome 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 […]
Read MoreAbout Us
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.
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Mitchell CorderAdministrative Bishop Church of God, Tennessee
In my role as Administrative Bishop for the Church of God, quite often we are faced with issues that involve local governments and municipalities. Many of these issues that arise in dealing with entities are land use related. I have found Dalton & Tomich’s experience and expertise in this area to be a valuable resource and asset in every situation.
Tim RhodusLead Pastor, Cross Church Carlinville & Staunton, IL
Never one time during a year-long litigation process did Dalton & Tomich demonstrate anything other than Christ-like professionalism. They managed the legal details, while we continued to do church. How they managed themselves, managed our case, and represented our church set the table for me and our church to be where we are today.
Ronnie HolmesSenior Pastor, Church of the Open Door, Waco, TX
Dalton & Tomich’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. Their personal interest in helping us went “above and beyond” just the call of duty.