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Attorneys Specializing in
Land Use and Business Law

Partners to Religious Organizations, Property Owners and Businesses

RLUIPA

Considerations in Filing a RLUIPA Lawsuit

  • April 16, 2010
  • by Daniel P. Dalton

If your religious organization is considering a RLUIPA challenge to local zoning laws, it should consider the following actions before filing a lawsuit.

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When is a claim ripe for review under RLUIPA?

  • April 3, 2010
  • by Daniel P. Dalton

One of the most vexing questions in land use law is the flawed doctrine of ripeness with respect to religious land use claims. The issue is extremely important as it affects the issue of when a lawsuit can be filed.

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Is RLUIPA constitutional?

  • March 30, 2010
  • by Daniel P. Dalton

Ten years after Congress passed the Religious Land Use and Institutionalized Persons Act, local governments still argue that RLUIPA is unconstitutional claiming that it gives religious entities an advantage in land use disputes over local communities. Federal Court’s routinely reject constitutional challenges

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Expanding an Existing Building and RLUIPA

  • March 21, 2010
  • by Daniel P. Dalton

Many of the cases involving RLUIPA occur after a religious entity has been at a location for a period of time, has grown and now wants to expand. Does RLUIPA apply where a local government refuses to allow the expansion?

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Understanding RLUIPA – Why We need the Law and the Impact of the Law

  • March 16, 2010
  • by Daniel P. Dalton

Before Congress enacted RLUIPA in 2000, the conventional view confirmed by judicial decisions, and lawyers like me, was that religious land uses cases would be rejected. A Harvard Law School survey of reported cases decided on the merits confirmed that religious land use plaintiffs were […]

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Understanding RLUIPA – the Remedies

  • March 9, 2010
  • by Daniel P. Dalton

Congress provided two remedies for religious organizations that prevail in religious lands use disputes under RLUIPA. The first is an award of attorney fees under 42 U.S.C. 1988. The second is injunctive relief and monetary damages within RLUIPA. 42 U.S.C. 2000cc-5(4)(a).

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Understanding RLUIPA – the Unreasonable Limitations and Exclusion Clauses

  • March 1, 2010
  • by Daniel P. Dalton

The fourth and fifth prongs of RLUIPA are the unreasonable limitations and exclusions clauses found at 42 USC 2000cc (2)(b)(2). In order establish a claim under these parts of RLUIPA, religious institutions must establish that religious assemblies have been totally excluded from a jurisdiction or […]

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Understanding RLUIPA – the Non-Discrimination Clause

  • February 21, 2010
  • by Daniel P. Dalton

The third area of religious discrimination Congress addressed when enacting RLUIPA is that of non-discrimination. Congress provided that “No government shall impose or implement a land use regulation

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Understanding RLUIPA – the Equal Terms Provision

  • February 18, 2010
  • by Daniel P. Dalton

Congress provided a separate section of RLUIPA, known as the “equal terms” provision at 42 USC 15 2000cc-(b)(1), which provides that: “No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal […]

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Defining “Substantial Burden” within RLUIPA

  • February 14, 2010
  • by Daniel P. Dalton

The term “substantial burden” in RLUIPA has confused and divided lower courts since it first appeared in the Act. The legislative history of RLUIPA reveals that Congress made a deliberate choice not to define “substantial burden,” but rather allow courts to utilize that definition from […]

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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.