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Attorneys Specializing in
Land Use and Business Law

Partners to Religious Organizations, Property Owners and Businesses

RLUIPA

Second Circuit Affirms RLUIPA Decision in Favor of NY Church

  • September 27, 2012
  • by Admin

On September 24, the Second Circuit Court of Appeals affirmed a 2010 decision that found a New York town violated the constitutional rights of a Pentecostal church that owned property in the Town, effectively ending the fourteen-year saga between the parties. In 1998, Fortress Bible […]

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Second Circuit Affirms RLUIPA Decision in Favor of NY Church

  • September 27, 2012
  • by Admin

On September 24, the Second Circuit Court of Appeals affirmed a 2010 decision that found a New York town violated the constitutional rights of a Pentecostal church that owned property in the Town, effectively ending the fourteen-year saga between the parties. In 1998, Fortress Bible […]

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Ripeness and RLUIPA

  • September 10, 2012
  • by Daniel P. Dalton

An August 2012 opinion out of the Southern District of Ohio provides a recent warning to all churches in the midst of the land use and zoning process not to ignore the specifics of local zoning law from the outset as you go about plans […]

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RLUIPA trial begins October 9: the Academy of Our Lady of Peace v. City of San Diego

  • September 3, 2012
  • by Daniel P. Dalton

San Diego – The Honorable Cathy Ann Bencivengo, United States District Court Judge for the Southern District of California, has set a trial date of October 9, 2012 in the case of Academy of Our Lady of Peace v. City of San Diego, a precedent-setting […]

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The use of RLUIPA to gain access to entry of a religious facility

  • August 27, 2012
  • by Daniel P. Dalton

A federal judge has granted a Temporary Restraining Order in favor of a Mosque in Tennessee. In United States v. Rutherford County, the Islamic Center of Murfreesboro and the Civil Rights Division of the U.S. Justice Department both filed lawsuits against Rutherford County, Tennessee. The […]

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RLUIPA includes private chapel’s

  • August 20, 2012
  • by Daniel P. Dalton

A federal court in California recently held that an individual adequately stated a claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) when he was not allowed to build a chapel on his land. In Anselmo v. County of Shasta, California, the plaintiff, […]

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Wedding ceremonies are protected under the First Amendment Free Exercise Clause

  • August 4, 2012
  • by Daniel P. Dalton

The Ninth Circuit Court of Appeals has ruled that wedding ceremonies are protected expression under the First Amendment. In Kaahumanu v. State of Hawaii, a dispute arose over regulations imposed by the State of Hawaii on the types of activities allowed on public beaches. During […]

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Applying the Establishment Clause to Public School Graduation Locations

  • July 22, 2012
  • by Daniel P. Dalton

The Seventh Circuit Court of Appeals recently overturned a Wisconsin district court and ruled that a public school district’s practice of renting the auditorium of a nearby church for graduation ceremonies violates the Establishment Clause of the U.S. Constitution. In John Doe v. Elmbrook School […]

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Equal Treatment under RLUIPA

  • July 8, 2012
  • by Daniel P. Dalton

A federal district court in the Northern District of Illinois recently denied a religious organization’s motions for preliminary injunction against the City of Blue Island, Illinois. In Affordable Recovery Housing v. The City of Blue Island, the plaintiff Affordable Recovery Housing (ARH) leased a property […]

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Establishing religious beliefs under RLUIPA

  • July 1, 2012
  • by Daniel P. Dalton

The Wisconsin Court of Appeals for District IV recently overturned a dismissal of an action by the County of Jackson against Joni L. Borntreger for failure to obtain a zoning permit before building a sawmill on his property. In County of Jackson v. Joni L. […]

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