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Attorneys for Land Use,
Property and Business Law

Partners to Religious Organizations, Property Owners and Businesses

Land Use and Zoning

What is New in Land Use and Zoning

  • February 1, 2013
  • by Daniel P. Dalton

With the economy turning around, developers are beginning to feel more comfortable in starting new projects and lenders are more willing to lend on commercial development. New commercial development impacts local zoning regulations, which, may result in federal lawsuit when a local community allows a […]

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Court of Appeals Finds Valid Highway by User Claim

  • January 29, 2013
  • by Admin

In a significant decision from the Michigan Court of Appeals, a Mecosta County couple established a successful “highway by user” claim that turned what was previously the private property of the defendant outside Big Rapids into a public roadway. In Farlow v. Grunst, the plaintiffs […]

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Daniel Dalton named Top Rated Lawyer in Land Use and Zoning by American Lawyer Media

  • January 23, 2013
  • by Zana Tomich

Daniel P. Dalton, co-founder of the law firm Dalton & Tomich, plc, has been named as a “2013 Top Rated Lawyer in Land Use and Zoning,” by American Lawyer Media, and will be recognized in the March issue of the American Lawyer & Corporate Counsel […]

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A Tough Day for Takings claims in the Supreme Court

  • January 15, 2013
  • by Daniel P. Dalton

As reported in SCOTUS blog today, https://www.scotusblog.com/2013/01/argument-recap-an-ever-shrinking-takings-claim/, the chance for a new day in Takings law appears to have dimmed based on the questions posed at oral argument in Koontz v. St. Johns River Water Management District. In the highly anticipated case, the issue of […]

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A Rare Win for a Takings Claim in the Supreme Court

  • January 10, 2013
  • by Daniel P. Dalton

In a case of first impression, and a rare case where a party asserting a Takings Claim prevailed, the Supreme Court of the United States recently held that flooding caused by governmental conduct amounts to a temporary taking under the Takings Clause. In Arkansas Game […]

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The Substantive Due Process problem

  • January 8, 2013
  • by Daniel P. Dalton

It is a commonly-held belief that claims of substantive and procedural due process are particularly difficult to win in modern courts. Today’s discussion explores a case which certainly illustrates that even the most dishonest and unsettling government actions may still not support a claim of […]

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The Mosque at Ground Zero

  • December 24, 2012
  • by Daniel P. Dalton

A lawsuit seeking damages from the planned construction of a mosque and Islamic cultural center near Ground Zero was dismissed from New York State Court in November. Plaintiff Vincent Forras (who rents office space about 8-10 blocks away from the site) claimed to represent “himself […]

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Who can file a RLUIPA case?

  • December 17, 2012
  • by Daniel P. Dalton

The US District Court for the District of Maine recently affirmed the decision of a magistrate judge which granted the dismissal of a claim brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA). In Cassidy v. City of Brewer, Plaintiff apparently was a […]

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A Rare Win for a Substantive Due Process land use claim

  • December 10, 2012
  • by Daniel P. Dalton

In a notable case recently decided by the Michigan Court of Appeals, a local land use ordinance was found to violate both the substantive and procedural due process rights of property owners. In Bonner v. City of Brighton, the court held that Brighton Code of […]

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New Court Rules on Michigan Zoning Appeals to the Circuit Court

  • December 4, 2012
  • by Daniel P. Dalton

A new Michigan Court Rule governing appeals from zoning ordinance determinations should bring some clarity to the land use and zoning appeals procedure. MCR 7.122, which became effective May 1, 2012, provides a set of guidelines for appealing decisions of an entity empowered with making […]

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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.