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Land Use Attorneys
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Partners to Religious Organizations, Property Owners and Businesses

Religious Institutions

RLUIPA at 10 years: Yes, the Law is Needed

  • October 10, 2010
  • by Daniel P. Dalton

Last week, in conjunction with the celebration of the tenth anniversary of the passage of the RLUIPA, the Department of Justice prepared a timely report on the Tenth Anniversary of the Religious Land Use and Institutionalized Persons Act and frequently asked questions with an answer […]

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Conditional Land Use Requirements and RLUIPA

  • October 4, 2010
  • by Daniel P. Dalton

In Arnold v. Versailles-Midway-Woodford County Bd. Of Adjustment, No. 2008-CA-001850-MR, 2010 WL 668664 (Ky. App. Feb. 26, 2010), plaintiffs appealed the Circuit Court’s opinion and order affirming the determination of the Versailles-Midway-Woodford County Board of Adjustment granting a conditional land use permit to the Versailles […]

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Endowments and the Church

  • June 25, 2010
  • by Daniel P. Dalton

Endowments have been in the news recently with respect to religious institutions invading the principal to sustain their ministries. So what is an endowment and in general, what rules need to be followed with respect to them?

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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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Defamation and the Clergy

  • June 2, 2010
  • by Daniel P. Dalton

To what extent the pastor is protected from slander claims that might come out of an exchange that recently took place during a meeting of church members?

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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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State Religious Freedom Restoration Laws

  • May 3, 2010
  • by Daniel P. Dalton

In addition to the federal law creating the Religious Land Use and Institutionalized Persons Act, several states have enacted their own version of the law. Indeed, since 1997, a dozen State Religious Freedom Restoration Act (RFRA’s) have become law.

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A RLUIPA Case Study

  • April 24, 2010
  • by Daniel P. Dalton

Carlinville Southern Baptist Church, located in Carlinville, Illinois thought how blessed it was when it purchased a former Wal-Mart store in early 2008 to have a home. The Church had worshiped in its building for several years prior, but grew rapidly to the point that […]

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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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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.