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Attorneys for Land Use,
Property and Business Law

Partners to Religious Organizations, Property Owners and Businesses

Land Use and Zoning

A new twist on zoning agricultural land

  • November 3, 2012
  • by Daniel P. Dalton

In a case decided October 17, 2012, the Seventh Circuit Court of Appeals ruled, among other things, that protection of agriculture was a legitimate reason to deny a re-zoning application that had actually been agreed to by an earlier court order. The court also ruled […]

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Stop Work Order Issued by Michigan City a Compensable Regulatory Taking

  • October 3, 2012
  • by Admin

On September 20, the Michigan Court of Appeals in Kalkman v. City of Village of Douglas affirmed a trial court’s ruling that found a city liable for a compensatory taking when it issued a stop work order on a project that had already been approved […]

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The 5th Circuit Court of Appeals enforces RLUIPA against a City who singled out a religious assembly

  • September 29, 2012
  • by Daniel P. Dalton

In yet another victory for religious land use freedom, the Fifth Circuit Court of Appeals has ruled that a federal district court in Mississippi abused its discretion when it denied a church’s motion for a preliminary injunction in an action brought under the United States […]

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Second Circuit Affirms RLUIPA Decision in Favor of NY Church

  • September 27, 2012
  • by Admin

On September 24, the Second Circuit Court of Appeals affirmed a 2010 decision that found a New York town violated the constitutional rights of a Pentecostal church that owned property in the Town, effectively ending the fourteen-year saga between the parties. In 1998, Fortress Bible […]

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Second Circuit Affirms RLUIPA Decision in Favor of NY Church

  • September 27, 2012
  • by Admin

On September 24, the Second Circuit Court of Appeals affirmed a 2010 decision that found a New York town violated the constitutional rights of a Pentecostal church that owned property in the Town, effectively ending the fourteen-year saga between the parties. In 1998, Fortress Bible […]

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Sixth Circuit Reverses Verdict for Property Owner Against City of Frankenmuth

  • September 11, 2012
  • by Admin

The Sixth Circuit Court of Appeals ruled recently that the City of Frankenmuth did not violate the constitutional rights of a property owner who was trying to sell property to Walmart before the City intentionally wrote an ordinance that excluded large businesses. In Loesel v. […]

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Ripeness and RLUIPA

  • September 10, 2012
  • by Daniel P. Dalton

An August 2012 opinion out of the Southern District of Ohio provides a recent warning to all churches in the midst of the land use and zoning process not to ignore the specifics of local zoning law from the outset as you go about plans […]

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RLUIPA includes private chapel’s

  • August 20, 2012
  • by Daniel P. Dalton

A federal court in California recently held that an individual adequately stated a claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) when he was not allowed to build a chapel on his land. In Anselmo v. County of Shasta, California, the plaintiff, […]

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Lot lines and CEQA

  • August 13, 2012
  • by Daniel P. Dalton

A state court in California held earlier this year that the approval of sequential lot line adjustments was a ministerial act and thus not subject to the constraints of the California Environmental Quality Act (CEQA). In Sierra Club v. Napa County Board of Supervisors, the […]

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Wedding ceremonies are protected under the First Amendment Free Exercise Clause

  • August 4, 2012
  • by Daniel P. Dalton

The Ninth Circuit Court of Appeals has ruled that wedding ceremonies are protected expression under the First Amendment. In Kaahumanu v. State of Hawaii, a dispute arose over regulations imposed by the State of Hawaii on the types of activities allowed on public beaches. During […]

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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.