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.
Church Secures Right to Worship and $225,000 in Settlement with the City of Markham, IL
For more than six years, the City of Markham fought our client, the Church of Our Lord and Savior Jesus Christ, in both state and federal court over the church’s right to continue meeting in its sanctuary at 16018 S. Spaulding Avenue. We asserted the […]
Read MoreTalking 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?
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 […]
Read MoreU.S. Supreme Court Declines to Hear RLUIPA Equal-Terms Case
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 […]
Read MoreThe Cross Church – A RLUIPA Church Land Use Success Story
It was my honor to return to Carlinville, Illinois on Sunday, February 24, 2019 to worship at The Cross Church. A decade ago, we worked with the Church and resolved a case allowing it to develop a former Walmart Store into a Church. The once […]
Read MoreRLUIPA in the United States Supreme Court
Dalton & Tomich, PLC has been retained by the Three Hundred and Forty Two (342) parents of students who attend Tree of Life Christian School in Upper Arlington, Ohio to file an Amicus brief in support of the school’s request to have the United States […]
Read MoreRacially Charged Religious Discrimination Prohibited Under RLUIPA
Although RLUIPA is mainly concerned with religious 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 offer race or […]
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 MoreAbout Us
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.
Our Practice Areas
- call us: 313.859.6000
- visit us:The Chrysler House
719 Griswold Street, Suite 270
Detroit, Michigan 48226 - parking:Financial District Garage (730 Shelby Street, access via Lafayette and Shelby)
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.