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Land Use Attorneys
and Business Law Experts

Partners to Religious Organizations, Property Owners and Businesses

Religious Institutions

Andon v. City of Newport News and the Role of Risk in RLUIPA Substantial Burden Calculus

  • March 5, 2016
  • by Daniel P. Dalton

As the saying goes, sometimes we need to risk it to get the biscuit. Little progress would be made if mankind allowed the potential for failure to discourage otherwise worthy undertakings. Unfortunately for religious institutions, the Fourth Circuit in Andon v. City of Newport News […]

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Civil RICO Claims, Mars Hills Church and the Church

  • March 2, 2016
  • by Daniel P. Dalton

It has been reported that two former families who attended and gave tithes and offerings to the former Mars Hill Church in Seattle, Washington are suing its former Pastor, Mark Driscoll, and several others alleging federal civil RICO claims. Is there a viable civil RICO […]

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Does RLUIPA Protect Churches Against Eminent Domain Proceedings?

  • February 29, 2016
  • by Admin

In recent years, several states have announced plans to begin constructing high-speed railway systems within their borders in an effort to create more efficient means of travel. These plans have begun to cause concern for private landowners who worry the states may resort to condemning […]

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Does RLUIPA apply to a religious cemetery?

  • February 2, 2016
  • by Daniel P. Dalton

In what may be the next battleground with RLUIPA, a state district court in Minnesota ruled that the decision to deny a Conditional Use Permit for a religious cemetery was arbitrary and capricious. As a result, the Court granted the Plaintiff declaratory relief. A copy […]

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Our New RLUIPA Website is Live!

  • January 4, 2016
  • by Admin

  As we begin the New Year, all of us at Dalton & Tomich are excited to announce that our new website, www.attorneysforlanduse.com, is now live! Attorneys For Land Use is Dalton & Tomich’s microsite that is dedicated to our religious land use (RLUIPA) litigation […]

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Sometimes it takes a letter . . . (to the City Planning Director)

  • December 21, 2015
  • by Daniel P. Dalton

Not every religious land use case requires litigation. Every once in a while, a matter is resolved when a letter is sent to the planning director informing him or her about RLUIPA and its impact on a local government zoning regulations. That occurred this past […]

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European Court Rules in Favor of Church Autonomy

  • December 7, 2015
  • by Admin

On December 1, the European Court of Human Rights (ECHR) issued an important decision that reaffirms the right of churches and other religious institutions to operate without undue government interference across Europe. The case, Nagy v. Hungary, began when internal church disciplinary proceedings were brought […]

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Property Rights, Civil Courts and Admission to Religious Schools

  • November 28, 2015
  • by Daniel P. Dalton

In a recent decision, the Michigan Court of Appeals affirmed that Civil Courts will not interfere with a decision of a religious institution to admit students to its program based on the ecclesiastical abstention doctrine – the same doctrine applied to Church property disputes. In […]

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Religious Construction Likely on the Rise, Litigation to Follow?

  • November 19, 2015
  • by Daniel P. Dalton

According to a recent article from the Wall Street Journal, a 13-year decline in American religious building construction may soon end. The article states that construction of religious buildings in the U.S. (which includes churches, temples, mosques, and other buildings) peaked in 2002 and has […]

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Local governments continue mistreating churches in land use and zoning matters

  • November 16, 2015
  • by Daniel P. Dalton

AMT Owners Kenny & Beverly Sexton Join in Partnership with Summit Church Pastors Hal and Lisa Boehm. (Photo courtesy American Mountatin Theater) Local governments are mistreating churches across the country. The latest example of this wave of discrimination is making headlines in Elkins, West Virginia, […]

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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.