RLUIPA
HOPE LUTHERAN SECURES COURT ORDER AND OVER $60,000 IN SETTLEMENT WITH ST. IGNACE, MI
On Friday, September 27, the United States District Court of the Western District of Michigan entered a Consent Decree securing Hope Lutheran Church’s right to continue meeting at 132 S. State St. in St. Ignace, Michigan. In addition to the consent decree, the City agreed […]
Read MoreDefining “religious exercise” under RLUIPA in the 8th Circuit Court of Appeals
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 […]
Read MoreHappy RLUIPA Day!
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 […]
Read MoreWho Decides What Activities Are Religious or Central to a Religious Institution’s Mission?
When a government regulation restricts an institution’s religious exercise, the government will often argue that the restricted activity is either not religious or not central to the institution’s religious mission. This issue surfaces in a variety of different cases. It often comes up in Title […]
Read MoreAppeals court orders Litchfield borough to pay Chabad Lubavitch’s legal fees
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 […]
Read MoreChurch 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 MoreSupreme Court Issues Major Property Rights Decision That Helps RLUIPA Plaintiffs
This morning the Supreme Court issued a major property/civil rights decision in Knick v. Township of Scott. In a 5-4 decision, the Court overruled its 1985 decision in Williamson County v. Hamilton Bank. The Williamson County decision adopted a rule which required property owners to […]
Read MoreSUPREME COURT SENDS RELIGIOUS EXERCISE CASE BACK TO OREGON FOR RECONSIDERATION
In our April 15, 2019 blog post, we discussed a petition for review that was pending before the United States Supreme Court. The petition was filed in the case of Klein v. Oregon Bureau of Labor and Industries, and it involved two bakers who claimed […]
Read MoreThe degree of a “Prevailing Party” for Attorney Fees in a RLUIPA action argued in the Second Circuit Court of Appeals
Today we argued in the Second Circuit Court of Appeals in New York City the issue of how much success must a party have to be a “prevailing party,” to secure attorney fees recoverable under RLUIPA. The United States District Court held below that under […]
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.