Attorneys for Land Use,
Property and Business Law

Partners to Religious Organizations, Property Owners and Businesses

Land Use and Zoning

10th Circuit Court of Appeals Affirms the Rocky Mountain Christian Church Jury Verdict.

  • June 16, 2010
  • by Daniel P. Dalton

In a unanimous decision, the 10th Circuit Court of Appeals upheld a jury verdict, finding that sufficient evidence was presented at trial to justify the jury’s determination that the denial of the Church’s special use application violated the equal terms provision of the Religious Land […]

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Does RLUIPA apply to Historic Preservation Designations?

  • May 21, 2010
  • by Daniel P. Dalton

In reaction to the loss of several important buildings within larger metropolitan areas in the 1950’s, communities throughout the nation began grassroots efforts aimed at providing a legal mechanism to protect local significant historic resources.

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Historic Preservation and Special Use Permits

  • May 10, 2010
  • by Daniel P. Dalton

In World Outreach Conference Center v. City of Chicago and Trinity Evangelical Lutheran Church v. City of Peoria, United States Court of Appeals, Seventh Circuit, Case Nos. 08-4167; 09-2142 (Decided December 30, 2009) a consolidated appeal, the cases involve the application of substantial burden in […]

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Considerations in Filing a RLUIPA Lawsuit

  • April 16, 2010
  • by Daniel P. Dalton

If your religious organization is considering a RLUIPA challenge to local zoning laws, it should consider the following actions before filing a lawsuit.

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Expanding an Existing Building and RLUIPA

  • March 21, 2010
  • by Daniel P. Dalton

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?

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Understanding RLUIPA – the Non-Discrimination Clause

  • February 21, 2010
  • by Daniel P. Dalton

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

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Defining “Substantial Burden” within RLUIPA

  • February 14, 2010
  • by Daniel P. Dalton

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 […]

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