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Land Use Attorneys
and Business Law Experts

Partners to Religious Organizations, Property Owners and Businesses

Substantial Burden

Noel Sterett to Argue Important Health Care Right of Conscience Case Before 2nd Dist. Appellate Court of Illinois

  • January 13, 2020
  • by Noel Sterett

On January 28, 2020, I will argue a key health care right of conscience case before the 2nd District Appellate Court of Illinois. My client, Sandra Rojas, is a pediatric nurse who worked at the Winnebago County Health Clinic for eighteen years. In 2014, the […]

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Addressing Homeless Ministries through RLUIPA: Shawnee Mission Unitarian Universalist Church v. The City of Lenexa, Kansas

  • December 17, 2019
  • by Daniel P. Dalton

Shawnee Mission Unitarian Universalist Church (“Shawnee Mission Church” or “Church”) has a long and proud history of ministering to the poorest and most vulnerable populations of Lenexa, Kansas and the greater Johnson County area. Over the last several years, the Church has advanced their ministry […]

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RLUIPA Protects Homeless Shelters within Churches – Our latest case in Kansas

  • November 22, 2019
  • by Daniel P. Dalton

Today we filed suit on behalf of Shawnee Mission Unitarian Universalist Church against the City of Lenexa, Kansas, who, has used zoning to deny the Church the ability to use its building to serve the homeless in Johnson County, Kansas. At its heart, this case […]

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Using RLUIPA when appearing before local planning and zoning boards

  • November 5, 2019
  • by Daniel P. Dalton

In the past several months, we have found that the strategic use of the Religious Land Use and institutionalized Persons Act (also known as RLUIPA) can be used to successfully persuade members of a Planning Commission or Zoning Board of Adjustment / Appeals to approve […]

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Defining “religious exercise” under RLUIPA in the 8th Circuit Court of Appeals

  • September 26, 2019
  • by Daniel P. Dalton

  Today we had the opportunity to argue the parameters of RLUIPA before the Eighth Circuit Court of Appeals in St. Louis, Missouri in the case of St. John Vianney High School v. City of Kirkwood, Missouri.  In this case, the City of Kirkwood approved the renovation […]

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Happy RLUIPA Day!

  • September 22, 2019
  • by Daniel P. Dalton

On this day 19 years ago, President Bill Clinton signed into law the Religious Land Use and Institutionalized Persons Act, also known as RLUIPA. The law was passed by a unanimous Congress to enforce, by statutory right, four different constitutional prohibitions related to the development […]

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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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Racially Charged Religious Discrimination Prohibited Under RLUIPA

  • February 7, 2019
  • by Daniel P. Dalton

Although RLUIPA is mainly concerned with religious discrimination, racial animus towards a religious organization falls within the ambit of RLUIPA’s very broad protection. On February 7, 2019, the Fourth Circuit, citing the legislative history of RLUIPA, emphasized that “zoning board members or neighborhood residents explicitly offer race or […]

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No Land Use Regulation, No RLUIPA Violation

  • November 13, 2018
  • by Daniel P. Dalton

As explained more thoroughly in “Litigating Religious Land Use Cases,” RLUIPA contains five claims under its broad statutory umbrella. And while each claim has distinct and separate elements, allclaims start with: “No government shall impose or implement a land use regulation. . . .”[1]RLUIPA’s text […]

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A RLUIPA win in California: West Valley Christian Center v. City of Los Angeles, California

  • September 8, 2018
  • by Daniel P. Dalton

We are pleased to report that our client, West Valley Christian Center located in the Chatsworth area of Los Angeles, has reached a tentative settlement in its religious land use case against the City of Los Angeles, California.  Permits have issued, construction has commenced and […]

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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.