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Attorneys Specializing in
Land Use and Business Law

Partners to Religious Organizations, Property Owners and Businesses

RLUIPA

A RLUIPA win: Hope Rising Community Church—Penn Hills, Pennsylvania

  • August 8, 2016
  • by Daniel P. Dalton

Hope Rising Community Church (“Hope Rising” or “Church”) is a Christian congregation first organized in 2013. In June 2014, the Church signed a three-year lease for a warehouse in Penn Hills, PA to use for religious services and assembly. The warehouse was in Penn Hills’ […]

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Religious Worship in Residential Homes: Is it an Accessory Use or Change of Use?

  • July 29, 2016
  • by admin

  In many religious denominations, churches have their members form  bible studies or small groups where members meet on a weekly basis to form a community within the church.  These matters generally do not raise a concern for communities.  However, when a home church starts […]

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Ripeness: Determining when a land use case can be filed.

  • July 20, 2016
  • by Daniel P. Dalton

Sheri Torah, Inc. (“Plaintiff”) is a religious corporation that operates a yeshiva, a Jewish religious school. Yeshivas are part of the religious practice of Hasidic Jews, whose faith requires full-time instruction of children in schools within walking distance of their homes. In 2008, Plaintiff entered […]

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Community meals and RLUIPA

  • July 15, 2016
  • by Daniel P. Dalton

St. Vincent de Paul Place, Norwich, Inc., (“St Vincent” or “Appellant”) is a community meal site and food pantry “that strives to meet the needs of homeless people and families with limited income in the greater Norwich[,] [Connecticut] area.” On July 9, 2012, St. Vincent […]

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Prior approval to assemble and use a building for Church and the subsequent demand to leave: RLUIPA and Substantial Burden concerns

  • July 14, 2016
  • by Daniel P. Dalton

The Church of Our Lord and Savior Jesus Christ (“Plaintiff” or “Church”) brought suit against the City of Markham, Illinois (“Defendant” or “City”), following the City’s denial of a special use permit to allow Plaintiff to operate a church in an area zoned residential. Upon […]

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Zoning maps, zoning changes and RLUIPA -Liberty Temple Full Gospel Church, Inc. v. Village of Bolingbrook , Illinois

  • July 13, 2016
  • by Daniel P. Dalton

Liberty Temple Church of Bolingbrook (“Liberty Bolingbrook” or “Church”) is a small congregation of less than 100 members, and a branch of Liberty Temple Full Gospel Church, Inc. (“Liberty Gospel” or “Plaintiff). Liberty Gospel is a not-for-profit organization that is registered in Illinois, and has […]

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Converting a residential home to Church: Do you still need to comply with zoning ordinances?

  • June 30, 2016
  • by Daniel P. Dalton

Faith Walk Fellowship Church (“Faith Walk”) owns a single-family residence in a single-family residential district of Cleveland, Ohio (“the City”). As churches are permitted uses in single-family residential districts, Faith Walk sought a variance to use the residence as a church, and to install a […]

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Converting a residential home to Church: Do you still need to comply with zoning ordinances?

  • June 30, 2016
  • by Daniel P. Dalton

Faith Walk Fellowship Church (“Faith Walk”) owns a single-family residence in a single-family residential district of Cleveland, Ohio (“the City”). As churches are permitted uses in single-family residential districts, Faith Walk sought a variance to use the residence as a church, and to install a […]

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Licensing requirements and Ripeness: Davis v. City of Selma, California

  • June 26, 2016
  • by Daniel P. Dalton

Stephanie Davis (“Plaintiff”) is a spiritual counselor providing counseling in the County of Fresno, but sought to provide spiritual counseling within the incorporated City of Selma, California (“Defendant” or “City”). Plaintiffs spiritual and counseling activities are founded on and motivated by her fundamental religious beliefs, […]

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State Environmental Laws and RLUIPA

  • June 15, 2016
  • by Daniel P. Dalton

When does state environmental laws impact RLUIPA?  We previously blogged on Fortress Bible Church v. Feiner, a  case where the local community improperly used the New York State Environmental Quality Review Act (“SEQRA”) to block a religious institution from building in the local community.  A […]

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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.