RLUIPA Cases
Church land use and zoning cases are complex. Relocating a church isn’t just a simple real estate transaction. Religious institutions often encounter discrimination from municipalities and other local governments before or during the land use planning process, including after denial of a zoning variance or conditional use permit, or in another planning commission decision.
The Religious Land Use and Institutionalized Persons Act (RLUIPA) protects organizations like yours from such discrimination. Churches, their insurers and other religious institutions across the country have won RLUIPA cases and successfully defending their rights to acquire and occupy new land with the help of the experienced religious land use and zoning attorneys at Dalton & Tomich PLC. Case studies highlighting many of those victories may be found below.
Racially Charged Religious Discrimination Prohibited Under RLUIPA
Although RLUIPA is mainly concerned withreligious discrimination, racial animus towards a religious organization falls within the ambit of RLUIPA’s very broad protection. On February 7, 2019, the Fourth Circuit, citing the legislative history of RLUIPA, emphasized that “zoning board members or neighborhood residents explicitly offerraceor […]
Read MoreMajor Religious Land Use Win in Seventh Circuit Court of Appeals
Yesterday, the Seventh Circuit Court of Appeals ruled in favor of Dalton Tomich client, the Church of Our Lord and Savior Jesus Christ, in its suit against Markham, Illinois. Honorable Judges Easterbrook, Flaum, and Brennan all agreed that the district court was wrong to reject […]
Read MoreCourt rules Chabad renovation should move forward after denial of Certificate of Appropriateness
In the summer of 2017, the law firm of Dalton & Tomich, PLC was retained, and successfully litigated, a decade old case through trial in the United States District Court in New Haven, Connecticut on behalf of Chabad Lubavitch of Litchfield County. The Chabad sued […]
Read MoreA RLUIPA win in California: West Valley Christian Center v. City of Los Angeles, California
We are pleased to report that our client, West Valley Christian Center located in the Chatsworth area of Los Angeles, has reached a tentative settlement in its religious land use case against the City of Los Angeles, California. Permits have issued, construction has commenced and […]
Read MoreHow a local Church won a religious land use / RLUIPA case and re-established a relationship with a local community
The Aspen Times reported today about the impact of a religious land use case litigated by Daniel Dalton a decade ago and the relationship between the church, Grace Church of the Roaring Fork, and Pitken County, Colorado. The story highlights the positive impact of the church […]
Read MoreReligious land use win establishes precedent that local governments cannot deny a religious use based on its determination of what a Church is
Irish Oaks is a non-denominational Christian church founded by a group of friends in rural Lapeer County. These friends were interested in developing their relationship with God but felt out of place in traditional, formal churches. So they decided to form their own church with […]
Read MoreHome Churches and Wedding Ministries: a RLUIPA win in central Oregon
Central Oregon is truly beautiful. Among the varying landscapes, the interesting cities, the Cascade Mountains and the beauty of Mt. Hood is a little city in the center of the state called Sisters. Our clients, John & Stephanie Shepherd have lived in Sisters for many […]
Read MoreRLUIPA Land Use Trial Outcomes
Have you ever wondered how many RLUIPA land use cases have occurred since Congress unanimously passed the law (the Religious Land Use and Institutionalized Persons Act) in 2000? Are you curious about the outcomes? Recently, we were asked to provide a Court with a list […]
Read MoreApproving a Religious Training, Resort and Convention Center: RLUIPA and the Morris Cerullo Legacy Center
On October 18, 2017, the City of San Diego City Council voted 7-2 to approve the Morris Cerullo Legacy Center (“MCWE “) in San Diego after it previously voted the month prior 5-4 to reject the proposal. In conjunction with the law firm of Galuppo […]
Read MoreChurch of Our Savior dedicates its new building after RLUIPA case win
Congratulations to our client and friends at Church of Our Savior in Jacksonville Beach, Florida on the October 22, 2017 grand opening of their new Church facility. The team at Dalton & Tomich, PLC is so very honored and happy to have had the opportunity […]
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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.
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Mitchell CorderAdministrative Bishop Church of God, Tennessee
In my role as Administrative Bishop for the Church of God, quite often we are faced with issues that involve local governments and municipalities. Many of these issues that arise in dealing with entities are land use related. I have found Dalton & Tomich’s experience and expertise in this area to be a valuable resource and asset in every situation.
Tim RhodusLead Pastor, Cross Church Carlinville & Staunton, IL
Never one time during a year-long litigation process did Dalton & Tomich demonstrate anything other than Christ-like professionalism. They managed the legal details, while we continued to do church. How they managed themselves, managed our case, and represented our church set the table for me and our church to be where we are today.
Ronnie HolmesSenior Pastor, Church of the Open Door, Waco, TX
Dalton & Tomich’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. Their personal interest in helping us went “above and beyond” just the call of duty.