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Land Use Attorneys
and Business Law Experts

Partners to Religious Organizations, Property Owners and Businesses

Religious Institutions

Massachusetts Churches Challenge Gender Identity Laws

  • October 17, 2016
  • by Lawrence Opalewski

A group of Massachusetts churches has brought a federal lawsuit seeking to prevent state officials from enforcing new gender identity guidelines on religious institutions. In July 2016 the Massachusetts Legislature added “gender identity” as a protected class under state public accommodation laws. On September 1, […]

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Special Exceptions under Pennsylvania law

  • July 30, 2016
  • by Daniel P. Dalton

Servant’s Oasis (“Plaintiff”) is a non-denominational ministry “that exists to rescue, refresh and grow God’s people.” Servant’s Oasis sought to develop a religious retreat that would sit on three contiguous parcels of land located in Lebanon County, Pennsylvania (the “Property”), of which approximately 153 acres […]

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Variances vs. Special Exceptions: In the Matter of Tabernacle of Victory Pentecostal Church v. David P. Weiss

  • July 17, 2016
  • by Daniel P. Dalton

Tabernacle of Victory Pentecostal Church (“Petitioner”) is the owner of a certain property on the Hempstead Turnpike in Franklin Square, New York. The property is split zoned, with the front situated in a “Business District” and the rear situated in a “Residence C District.” Due […]

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Litigating Religious Land Use Claims: immunity for individual members of a City Council and Illinois State Tort & RFRA claims

  • June 30, 2016
  • by Daniel P. Dalton

  American Islamic Center (“AIC” or “Plaintiff”) provides religious and educational services to the Muslim community of the Chicago metropolitan area. In March 2011, AIC began to search for a permanent facility in which to conduct its activities. On February 6, 3012, AIC contracted to […]

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Denominational Trust Clauses: Indiana’s Adoption of Trust Clause Interpretation

  • June 27, 2016
  • by Daniel P. Dalton

  The Church of the Brethren, South/Central Indiana District (“the Denomination”) is composed of forty-five Church of Brethren congregations located across Indiana, and dates back to 1708. The Roann Church of Brethren, Inc. and the Roann Church, Inc. (“the Congregation”) traces its origins to mission […]

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Employment matters and the Church: Removing a pastor from the United Methodist Church and the role of the Court

  • June 15, 2016
  • by Daniel P. Dalton

A recent state court decision in New Jersey addresses the role of the civil court’s in a dispute between a United Methodist Church congregation and its pastor.  In Trustees of the Alpine Methodist Episcopal Church v. Reverend Hae Jong Kim, the facts of the case […]

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Employment matters and the religious leader: The Lutheran Church Missouri Synod and the Civil Court

  • June 13, 2016
  • by Daniel P. Dalton

A recent Michigan Court of Appeals decision addressed the thorny issue of how to remove a pastor from a church.  As noted in, Richard P. Hillenbrand v. Christ Lutheran Church of Birch Run, an unpublished opinion of the Michigan Court of Appeals, (2015), the decision is denominationally […]

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Five Lessons Learned at the Department of Justice RLUIPA Roundtable

  • May 5, 2016
  • by Lawrence Opalewski

On May 2, 2016 Kate Brink and I had the honor to be invited to speak at the RLUIPA Roundtable hosted by the United States Attorney’s Office and the Department of Justice. We were grateful for the opportunity to speak with other RLUIPA practitioners and […]

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RLUIPA – Complete Religious Land Use Resources now available

  • April 18, 2016
  • by Daniel P. Dalton

The law firm of Dalton & Tomich PLC is proud to announce that it has prepared the very first comprehensive list of RLUIPA land use cases and Law Review Articles on its website, www.attorneysforlanduse.com The success rates and chronological listing of cases provide illustration of […]

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The Second Edition of Litigating Religious Land Use Cases

  • March 19, 2016
  • by Daniel P. Dalton

When first approached to write a book about Litigating Religious Land Use Cases in 2010, my initial reaction was how hard can it be to write a book.  You simply collect your thoughts and put them together into a package that is both interesting and helpful.  Two years […]

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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.