Land Use and Zoning
10th Circuit Court of Appeals Affirms the Rocky Mountain Christian Church Jury Verdict.
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 […]
Read MoreDoes RLUIPA apply to Historic Preservation Designations?
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.
Read MoreHistoric Preservation and Special Use Permits
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 […]
Read MoreConsiderations in Filing a RLUIPA Lawsuit
If your religious organization is considering a RLUIPA challenge to local zoning laws, it should consider the following actions before filing a lawsuit.
Read MoreExpanding an Existing Building and RLUIPA
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?
Read MoreUnderstanding RLUIPA – the Non-Discrimination Clause
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
Read MoreDefining “Substantial Burden” within RLUIPA
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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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.
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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.