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Attorneys Specializing in
Land Use and Business Law

Partners to Religious Organizations, Property Owners and Businesses

RLUIPA

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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Building Codes, Fire Codes and RLUIPA – Affordable Recovery Housing v. The City of Blue Island

  • June 9, 2016
  • by Daniel P. Dalton

SCENARIO: Affordable Recovery Housing (“ARH” or “Plaintiff”) is a non-profit, faith-based organization located in the City of Blue Island, Illinois (“Blue Island” or “Defendant”), on a property referred to as the “Mother of Sorrows property” (“the Property”). Since the mid-1950’s, the Mantellate Sisters of Mary […]

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Homeless Ministries and RLUIPA

  • May 27, 2016
  • by Daniel P. Dalton

Harbor Missionary Church (“the Church”), located in the City of San Buenaventura, California (“Ventura” or “the City”), provides daily chapel services, bible studies, and prayer to the community of Ventura. Specifically, the Church has devoted itself to serving the needs of Ventura’s homeless population, believing […]

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Equal Terms, RLUIPA and the 7th Circuit Test: a cautionary tail of litigating religious land use claims

  • May 25, 2016
  • by Daniel P. Dalton

Truth Foundation Ministries (“TFM”) is a small church – typically hosting between 40 and 60 parishioners – that conducts Sunday worship services in Romeoville, Illinois. TFM previously held its services at a local high school, but when school district closures prevented the church from operating, […]

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A RLUIPA & Substantive Due Process Win: Summit Church v. Randolph County, West Virginia

  • May 24, 2016
  • by Daniel P. Dalton

RLUIPA Religious Land Use Case: Summit Church – Elkins, West Virginia SCENARIO: Summit Church (“the Church”) of Elkins, West Virginia, sued the Randolph County Development Authority (“RCDA”) alleging that the RCDA’s imposed ban of churches on the former CSX railyard constituted a violation of the […]

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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.