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RLUIPA

Seventh Circuit Rules Church Has Standing to Challenge Entirety of Zoning Scheme Under RLUIPA’s Equal Terms Provision

  • February 14, 2019
  • by Noel Sterett

On January 17, 2019, 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. The suit raises several claims under the Religious Land Use Institutionalized Persons Act, […]

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Noel Sterett to Speak at 2019 NIFLA Legal Summit About RLUIPA Protections for Pregnancy Care Centers

  • February 8, 2019
  • by Noel Sterett

In May, the National Institute of Family and Life Advocates (“NIFLA”) will be hosting its annual legal summit. NIFLA has asked Dalton & Tomich attorney Noel Sterett to present on how the Religious Land Use & Institutionalized Persons Act (“RLUIPA”) can help pregnancy care ministries […]

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Racially Charged Religious Discrimination Prohibited Under RLUIPA

  • February 7, 2019
  • by Daniel P. Dalton

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 […]

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Major Religious Land Use Win in Seventh Circuit Court of Appeals

  • January 18, 2019
  • by Noel Sterett

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 […]

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Supreme Court Rehears Important Property Rights Case with Implications for Religious Land Use Plaintiffs

  • January 17, 2019
  • by Noel Sterett

Yesterday, the Supreme Court took the unusual step of having a second round of oral arguments in the case of Knick v. Scott Township. As we wrote in October 2018, the property owner in the Knick case has asked the Court to overrule its 1985 decision in Williamson County […]

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What the Move to Ban Single-Family Zoning May Mean for Religious Assembly Uses

  • January 16, 2019
  • by Noel Sterett

Zoning is often used as a tool to protect the haves from the have-nots. The haves are those who already have homes, schools, and places of worship in a community. The have-nots are those who come to a community in search of those things. Even […]

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No Land Use Regulation, No RLUIPA Violation

  • November 13, 2018
  • by Daniel P. Dalton

As explained more thoroughly in “Litigating Religious Land Use Cases,” RLUIPA contains five claims under its broad statutory umbrella. And while each claim has distinct and separate elements, allclaims start with: “No government shall impose or implement a land use regulation. . . .”[1]RLUIPA’s text […]

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Parking requirements for Religious Assembly: How RLUIPA helps

  • November 6, 2018
  • by Daniel P. Dalton

When it comes to abiding by land use and zoning laws, many religious assemblies and institutions face hurdles. Depending on the circumstances, meeting a city’s parking requirements can be a big one. The City of Chicago’s parking requirements, for example, seemed to be the only […]

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Kavanaugh, J., May Decide Fate of “Williamson County” Rule That Plagues Religious Land Use Cases

  • November 5, 2018
  • by Noel Sterett

As we wrote in October, the Supreme Court is considering whether to overrule its decision in Williamson County in the case of Knick v. Scott Township. The Williamson County rule requires property owners to exhaust state remedies before they can ask a federal court to decide whether the government […]

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Noel Sterett Argues RLUIPA Case Before Seventh Circuit Court of Appeals on Halloween

  • November 2, 2018
  • by Noel Sterett

On Wednesday, October 31, 2018, I spent my Halloween exactly how every attorney would like to spend it:  arguing an important case in front of a panel of three of the most distinguished federal judges in the country. The Honorable Judges Easterbrook, Flaum, and Brennan […]

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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.