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RLUIPA Case Observations and Insights

Quick RLUIPA Win in New York: Consent Decree Frees Mount Zion Ministries Church to Locate in Whitestown

  • February 10, 2020
  • by Noel Sterett

The only thing better than a win is a quick win. Case in point, just over a week after we filed suit on behalf of Mount Zion Ministries Church (also operating as Redeemer Church), we were able to obtain an order protecting the church’s right […]

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Addressing Homeless Ministries through RLUIPA: Shawnee Mission Unitarian Universalist Church v. The City of Lenexa, Kansas

  • December 17, 2019
  • by Daniel P. Dalton

Shawnee Mission Unitarian Universalist Church (“Shawnee Mission Church” or “Church”) has a long and proud history of ministering to the poorest and most vulnerable populations of Lenexa, Kansas and the greater Johnson County area. Over the last several years, the Church has advanced their ministry […]

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RLUIPA Protects Homeless Shelters within Churches – Our latest case in Kansas

  • November 22, 2019
  • by Daniel P. Dalton

Today we filed suit on behalf of Shawnee Mission Unitarian Universalist Church against the City of Lenexa, Kansas, who, has used zoning to deny the Church the ability to use its building to serve the homeless in Johnson County, Kansas. At its heart, this case […]

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Building Faith: Protecting Religious Freedom Through Land Use Laws

  • November 8, 2019
  • by Noel Sterett

Last night I was honored to speak on a panel hosted by the Civil Rights Division of the Department of Justice at Marquette Law School in Milwaukee, WI. The panel discussion was part of the United States Attorney General’s Place to Worship Initiative and was […]

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Using RLUIPA when appearing before local planning and zoning boards

  • November 5, 2019
  • by Daniel P. Dalton

In the past several months, we have found that the strategic use of the Religious Land Use and institutionalized Persons Act (also known as RLUIPA) can be used to successfully persuade members of a Planning Commission or Zoning Board of Adjustment / Appeals to approve […]

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Defining “religious exercise” under RLUIPA in the 8th Circuit Court of Appeals

  • September 26, 2019
  • by Daniel P. Dalton

  Today we had the opportunity to argue the parameters of RLUIPA before the Eighth Circuit Court of Appeals in St. Louis, Missouri in the case of St. John Vianney High School v. City of Kirkwood, Missouri.  In this case, the City of Kirkwood approved the renovation […]

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Happy RLUIPA Day!

  • September 22, 2019
  • by Daniel P. Dalton

On this day 19 years ago, President Bill Clinton signed into law the Religious Land Use and Institutionalized Persons Act, also known as RLUIPA. The law was passed by a unanimous Congress to enforce, by statutory right, four different constitutional prohibitions related to the development […]

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Appeals court orders Litchfield borough to pay Chabad Lubavitch’s legal fees

  • August 21, 2019
  • by Daniel P. Dalton

As reported in the Torrington Register Citizen on August 19, 2019, the Second Circuit Court of Appeals affirmed the fee award for Dalton & Tomich PLC and the other attorneys who represented the Chabad in Litchfield, Connecticut in the decade long litigation over approving the […]

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Talking about RLUIPA to the Arizona Bar Association: Why do we need RLUIPA when we have the Free Exercise and Establishment Clauses in the First Amendment?

  • June 28, 2019
  • by Daniel P. Dalton

I had the opportunity to talk with attorneys in Arizona about Religious Land Use and Zoning at the annual meeting of the Arizona Bar Association and was asked to address the question of why do we need RLUIPA when we have the Free Exercise and […]

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U.S. Supreme Court Declines to Hear RLUIPA Equal-Terms Case

  • May 13, 2019
  • by Noel Sterett

The United States Supreme Court recently had the opportunity to address several important questions regarding the Religious Land Use and Institutionalized Persons Act (RLUIPA) in Tree of Life Christian Schools v. Upper Arlington, Ohio. However, today the Court unfortunately declined to hear the case. This […]

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