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Land Use and Zoning

The Importance of Complying With Deed Restrictions

  • July 10, 2013
  • by Admin

A recent case from Macomb County demonstrates the harsh consequences that may result for individuals who fail to comply with private neighborhood deed restrictions. The dispute surrounds a 9,000 square foot, $900,000 Washington Township home built approximately ten years ago by Simon and Saca Palushaj. […]

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U.S. Supreme Court Upholds Takings Claim for Land Use Applicant

  • June 26, 2013
  • by Admin

In an opinion announced Tuesday, the U.S. Supreme Court found that a landowner had a valid takings claim based upon the government’s refusal to grant a land use permit unless the applicant made a disproportionate cash payment to the permitting agency. In Koontz v. St. […]

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Cities Begin to Box Out Donation Collection Bins

  • June 10, 2013
  • by Admin

It is about to get a little harder to find a collection bin where you can make a donation to those in need. Across Michigan and in a number of other states local governments are putting increased restrictions on the placement of donation collection bins […]

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Immunity issues with RLUIPA and other Federal Constitutional claims

  • May 29, 2013
  • by Daniel P. Dalton

A recent decision in Muslim Community Association v. Pittsfield, Township, Case No. 12-10893 (May 22, 2013) (US DC ED SD Mich) (Duggan, J.) addresses the interesting issue of absolute legislative and qualified immunity of elected officials in the context of religious land use case. By […]

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Federal Bar Webinar on Religious Land Use and Zoning (RLUIPA)

  • May 27, 2013
  • by Daniel P. Dalton

Interested in learing more about religious land use and zoning? Dan Dalton will be presenting a webinar for the Federal Bar Association on the topic. Click here to register and learn more: https://www.benchmarkemail.com/c/v?e=2E2CE9&c=39A70&l=2093167&email=JuzqispEhFg0xCa5R4MLiXeq%2BwoAh5FONyIeD9VsXLU%3D&relid=C6EC15A

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Speaking about Land Use and Zoning

  • May 6, 2013
  • by Daniel P. Dalton

In the past five days, I have been in Nashville, Tennessee and Scottsdale, Arizona speaking to attorneys about land use and zoning litigation. In general, most attorneys who practice in this area of the law have seen a modest upswing in development from both a […]

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Resolution of the San Diego RLUIPA / Religious Land Use and Zoning Case

  • April 26, 2013
  • by Daniel P. Dalton

The final chapter has been written and the story has ended with the City of San Diego finalizing the settlement between itself and the Academy of Our Lady of Peace this past week. Several news organizations have taken an indepth review of the case and […]

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What is the Zoning Board of Appeals in Michigan?

  • April 6, 2013
  • by Daniel P. Dalton

So what does the Zoning Board of Appeals do? Having been appointed to the City of Plymouth Zoning Board of Appeals, I was asked the question and had to think a moment about the answer. A Zoning Board of Appeals hears appeals, evaluates requests for […]

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The Fracking Debate in Michigan

  • February 28, 2013
  • by Admin

An interesting – and somewhat controversial – land use issue that is currently being addressed by many Michigan officials is a technique known as “fracking.” Fracking, a slang term for hydraulic fracturing, is a method of extracting oil and natural gas from beneath the earth’s […]

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City of San Diego settles RLUIPA lawsuit with Academy of Our Lady of Peace,

  • February 20, 2013
  • by Daniel P. Dalton

As reported in today's San Diego Tribune and San Diego Reader the City of San Diego has dropped its opposition to the modernization plan of the Academy of Our Lady of Peace. The settlement combines cash payment, permits and relocation of homes The Academy of […]

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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.