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Attorneys Specializing in
Land Use and Business Law

Partners to Religious Organizations, Property Owners and Businesses

RLUIPA

The degree of a “Prevailing Party” for Attorney Fees in a RLUIPA action argued in the Second Circuit Court of Appeals

  • June 10, 2019
  • by Daniel P. Dalton

Today we argued in the Second Circuit Court of Appeals in New York City  the issue of how much success must a party have to be a “prevailing party,” to secure attorney fees recoverable under RLUIPA. The United States District Court held below that under […]

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Appellate Lawyers Association’s Annual 7th Circuit Roundtable Luncheon a Success

  • May 30, 2019
  • by Noel Sterett

Yesterday, summer associate Thomas Philbrick and I were honored to attend the Appellate Lawyers Association’s Annual Roundtable Luncheon with the Judges of the United States Court of Appeals for the Seventh Circuit. The event took place at the Union League Club in Chicago on May […]

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Federal Court Rules Hope Lutheran Church’s RLUIPA Equal Terms Claim May Proceed

  • May 27, 2019
  • by Lawrence Opalewski

This week, United States District Court Judge Paul Maloney upheld Hope Lutheran Church’s Equal Terms claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) against the City of St. Ignace. The decision is an important win for the Church in its case to […]

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U.S. Supreme Court Declines to Hear RLUIPA Equal-Terms Case

  • May 13, 2019
  • by Noel Sterett

The United States Supreme Court recently had the opportunity to address several important questions regarding the Religious Land Use and Institutionalized Persons Act (RLUIPA) in Tree of Life Christian Schools v. Upper Arlington, Ohio. However, today the Court unfortunately declined to hear the case. This […]

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Federal Court Says Stop Work Orders and Other Non-Zoning Processes Are Land Use Regulations Subject to RLUIPA

  • April 25, 2019
  • by Noel Sterett

As its name suggests, the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. 2000cc et seq., governs how religious land uses may be regulated. Therefore, a threshold question for every type of claim under RLUIPA is whether a land use regulation is even […]

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Is the Supreme Court Preparing to Reconsider Key Case Which Led to Enactment of RLUIPA?

  • April 15, 2019
  • by Noel Sterett

The United States Supreme Court may be poised to reconsider or even overrule one of its landmark free exercise cases–Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990). A more recent case out of Oregon, Klein v. Oregon Bureau of […]

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Department of Justice Files Statement of Interest Supporting Hope Lutheran Church

  • March 19, 2019
  • by Noel Sterett

This morning the Department of Justice filed a statement of interest in support of Dalton & Tomich client Hope Lutheran Church in its religious land use case against St. Ignace, Michigan. The Department of Justice files statements of interest when it determines that a case […]

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Speaking about RLUIPA: Daniel Dalton at the 33rd Annual Land Use Institute in Baltimore, Maryland

  • March 6, 2019
  • by Daniel P. Dalton

Dan Dalton will be presenting a session on the Religious Land Use and Institutionalized Persons Act (commonly known as RLUIPA) at the 33rd Annual Land Use Institute in Baltimore, Maryland on Friday April 12, 2019. If you are a land use attorney attending the conference, or […]

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The Cross Church – A RLUIPA Church Land Use Success Story

  • February 24, 2019
  • by Daniel P. Dalton

It was my honor to return to Carlinville, Illinois on Sunday, February 24, 2019 to worship at The Cross Church. A decade ago, we worked with the Church and resolved a case allowing it to develop a former Walmart Store into a Church.  The once […]

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RLUIPA in the United States Supreme Court

  • February 17, 2019
  • by Daniel P. Dalton

Dalton & Tomich, PLC has been retained by the Three Hundred and Forty Two (342) parents of students who attend Tree of Life Christian School in Upper Arlington, Ohio to file an Amicus brief in support of the school’s request to have the United States […]

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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.