RLUIPA
SUPREME 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 MoreAppellate Lawyers Association’s Annual 7th Circuit Roundtable Luncheon a Success
Yesterday, summer associate Thomas Philbrick and I were honored to attend the Appellate Lawyers Association’s Annual Roundtable Luncheon with the Judges of the United States Court of Appeals for the Seventh Circuit. The event took place at the Union League Club in Chicago on May […]
Read MoreFederal Court Rules Hope Lutheran Church’s RLUIPA Equal Terms Claim May Proceed
This week, United States District Court Judge Paul Maloney upheld Hope Lutheran Church’s Equal Terms claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) against the City of St. Ignace. The decision is an important win for the Church in its case to […]
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 MoreFederal Court Says Stop Work Orders and Other Non-Zoning Processes Are Land Use Regulations Subject to RLUIPA
As its name suggests, the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. 2000cc et seq., governs how religious land uses may be regulated. Therefore, a threshold question for every type of claim under RLUIPA is whether a land use regulation is even […]
Read MoreIs the Supreme Court Preparing to Reconsider Key Case Which Led to Enactment of RLUIPA?
The United States Supreme Court may be poised to reconsider or even overrule one of its landmark free exercise cases–Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990). A more recent case out of Oregon, Klein v. Oregon Bureau of […]
Read MoreDepartment of Justice Files Statement of Interest Supporting Hope Lutheran Church
This morning the Department of Justice filed a statement of interest in support of Dalton & Tomich client Hope Lutheran Church in its religious land use case against St. Ignace, Michigan. The Department of Justice files statements of interest when it determines that a case […]
Read MoreSeventh Circuit Upholds Clergy Housing Allowance As Constitutional
Today, the Seventh Circuit Court of Appeals issued its decision upholding the constitutionality of the clergy housing allowance. Rather than wait until to see if the Supreme Court would clarify its currently jumbled Establishment Clause jurisprudence (as we recently speculated they might), the Seventh Circuit ruled […]
Read MoreNoel Sterett Comments on Status of Case Challenging Clergy Housing Allowance
Recently, Church Law & Tax, a publication which helps church leaders stay up-to-date on legal and tax matters, asked Dalton & Tomich attorney Noel Sterett to comment on the status of the case challenging the constitutionality of the clergy housing allowance. In an article which can […]
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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.