First Amendment
First Amendment Lawsuit Challenges City’s Ban of “For Sale” Signs
A California man has filed a lawsuit alleging that his town’s sign ordinance violates the free speech clause of the First Amendment to the United States Constitution. In Cefali v. City of San Juan Capistrano, the plaintiff had parked his car on the residential street […]
Read MoreA Religious Land Use Win in Oregon – Home Church and Wedding Ministry are Permissible Uses of Land
The law firm of Dalton & Tomich PLC is pleased to announce that our client Shepherdsfield Church prevailed in its land use dispute in central Oregon this week. In this landmark decision, the administrative hearing officer found that home churches and wedding ministries are permitted […]
Read MoreDoes RLUIPA apply to fortune tellers?
In Patricia Moore-King v. County of Chesterfield, the Court was asked if RLUIPA applies to fortune tellers. The answer is No, at least in the Fourth Circuit. Patricia Moore-King (“Moore-King” or “Plaintiff”) brought suit against the County of Chesterfield, Virginia (the “County” or “Defendant”) challenging the […]
Read MoreAirbnb Brings First Amendment Challenge to San Francisco Ordinance
The popular house and apartment rental website Airbnb is suing its hometown of San Francisco over an ordinance which Airbnb claims violates its First Amendment rights. Recently, San Francisco amended the portion of its code dealing with short-term rentals in the City. The new ordinance […]
Read MoreRipeness, 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 […]
Read MorePrior 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 […]
Read MoreHigh school graduation ceremonies and the limits of the Establishment Clause
On June 16, 2014, the Supreme Court of the United States denied certiorari to Doe Ex Rel. Doe v. Elmbrook School Dist. 687 F.3d 840 (7th Cir. 2012), cert. denied, Elmbrook School District v. John Doe 3, 134 S.Ct 2283 (2014), and let stand a […]
Read MoreThird Circuit Reverses Dismissal of First Amendment Challenge to Buffer Zone Ordinance
Earlier this month, in Bruni v. Pittsburgh, the Third Circuit overturned a decision upholding a Pittsburgh ordinance that created “buffer zones” around certain medical clinics in the city. The Court ruled that the case could go forward on First Amendment grounds. In 2005, Pittsburgh enacted […]
Read MoreDenominational Trust Clauses: Indiana’s Adoption of Trust Clause Interpretation
The Church of the Brethren, South/Central Indiana District (“the Denomination”) is composed of forty-five Church of Brethren congregations located across Indiana, and dates back to 1708. The Roann Church of Brethren, Inc. and the Roann Church, Inc. (“the Congregation”) traces its origins to mission […]
Read MoreEmployment matters and the Church: Removing a pastor from the United Methodist Church and the role of the Court
A recent state court decision in New Jersey addresses the role of the civil court’s in a dispute between a United Methodist Church congregation and its pastor. In Trustees of the Alpine Methodist Episcopal Church v. Reverend Hae Jong Kim, the facts of the case […]
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.
Our Practice Areas
-
call us: 313.859.6000
-
Detroit:The Chrysler House
719 Griswold Street, Suite 270
Detroit, Michigan 48226
Parking in Financial District Garage (730 Shelby Street, access via Lafayette and Shelby) -
Chicago:180 W. Washington St., Suite 400
Chicago IL 60602
312.235.6858 -
Rockford:401 W. State St., Suite 509
Rockford, IL 61101
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.