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Land Use Attorneys
and Business Law Experts

Partners to Religious Organizations, Property Owners and Businesses

Religious Institutions

U.S. Supreme Court Rules Church Cannot Be Sued Over Employee Discrimination Claim

  • January 11, 2012
  • by Daniel P. Dalton

Alliance Defense Fund’s Bryan Beauman, reports the Supreme Court announced its unanimous decision in Hosanna-Tabor v. EEOC. This case concerns the “ministerial exception” to an employment claim. In this case, a teacher at a Lutheran school in Redford Twp., Michigan, was terminated and then filed […]

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When the Zoning Board Closes Your Church: The New Battleground in the Fight Over Religious Liberty.

  • December 9, 2011
  • by Zana Tomich

Daniel Dalton was quoted in the Wall Street Journal article by Sarah Pulliam Bailey, “When the Zoning Board Closes Your Church: The new battleground in the fight over religious liberty.”

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Equal Terms and RLUIPA

  • March 13, 2011
  • by Daniel P. Dalton

The second circuit was recently presented with issue of defining the equal terms provision of RLUIPA but chose not to given that it reached a conclusion to reverse the trial court on other grounds. Had it decided it would define the term, the Court would […]

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Breaking News: the 9th Circuit Finds a City Zoning Scheme Creates a Substantial Burden

  • February 15, 2011
  • by Daniel P. Dalton

In a published opinion released just hours ago, the 9th Circuit Court of Appeals released its decision in International Church of the Foresquare Gospel v. City of San Leandro, Case No. 09-15163 where the Court reversed the decision of the lower court who granted summary […]

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The Equal Terms Provision of RLUIPA

  • February 13, 2011
  • by Daniel P. Dalton

Congress provided a separate section of RLUIPA, known as the “equal terms” provision at 42 USC 15 2000cc-(b)(1), which provides that: “No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal […]

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So What is a “Substantial Burden” Within RLUIPA?

  • February 2, 2011
  • by Daniel P. Dalton

The term “substantial burden” in RLUIPA has confused and divided lower courts since it first appeared in the Act

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RLUIPA and the “Effective Exclusions” of Religious Uses through Zoning

  • January 31, 2011
  • by Daniel P. Dalton

One recent trend in religious land use issues that we have found is when a community effectively excludes a religious use through zoning. The typical scenario occurs when a community permits zoning in a district knowing that there is no land available to build a […]

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New RLUIPA Suit Filed; Salvation Temple Church v. City of Hazel Park

  • October 28, 2010
  • by Daniel P. Dalton

Salvation Temple Church, is a Christian Church that entered into a purchase agreement for the purchase of property known as 25000 N. Chrysler Dr., Hazel Park, Michigan. The property, vacant since 2002 and last used as a banquet facility,

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United States Supreme Court Considers RLUIPA Damages Case

  • October 24, 2010
  • by Daniel P. Dalton

In the very near future, the United States Supreme Court will hear oral argument in Sossamon v. Texas, (Docket No. 08-1438, cert. granted 5/24/2010)

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Boulder County Appeals Adverse RLUIPA Decision to the United States Supreme Court

  • October 18, 2010
  • by Daniel P. Dalton

On Friday October 15, 2010, Boulder County filed an application for leave to appeal to the United States Supreme Court of the decision of the 10th Circuit Court of Appeals, who, affirmed a jury verdict and the entry of a permanent injunction for the Church […]

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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.