Substantial Burden
Racially Charged Religious Discrimination Prohibited Under RLUIPA
Although RLUIPA is mainly concerned withreligious 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 offerraceor […]
Read MoreNo Land Use Regulation, No RLUIPA Violation
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 […]
Read MoreA RLUIPA win in California: West Valley Christian Center v. City of Los Angeles, California
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 […]
Read MoreHow a local Church won a religious land use / RLUIPA case and re-established a relationship with a local community
The Aspen Times reported today about the impact of a religious land use case litigated by Daniel Dalton a decade ago and the relationship between the church, Grace Church of the Roaring Fork, and Pitken County, Colorado. The story highlights the positive impact of the church […]
Read MoreRLUIPA Land Use Trial Outcomes
Have you ever wondered how many RLUIPA land use cases have occurred since Congress unanimously passed the law (the Religious Land Use and Institutionalized Persons Act) in 2000? Are you curious about the outcomes? Recently, we were asked to provide a Court with a list […]
Read MoreThis Religious-Freedom Fight is Remaking America: RLUIPA in the Spotlight
There are churches all across America that have closed their doors or given up on their missions when they didn’t have to. And in many cases they did it just because they weren’t aware of a federal law that guaranteed their right to do exactly […]
Read MoreApproving a Religious Training, Resort and Convention Center: RLUIPA and the Morris Cerullo Legacy Center
On October 18, 2017, the City of San Diego City Council voted 7-2 to approve the Morris Cerullo Legacy Center (“MCWE “) in San Diego after it previously voted the month prior 5-4 to reject the proposal. In conjunction with the law firm of Galuppo […]
Read MoreSign Ordinances and RLUIPA:East End Eruv Association, Inc. v. Town of Southampton
East End Eruv Association, Inc. (“EEEA”) is a non-profit corporation formed to coordinate efforts toward promoting the construction of an eruv. The eruv was set to travel through three municipalities: Southampton, Westhampton Beach, and Quogue, New York. An eruv is an unbroken demarcation or delineation […]
Read MoreDoes RLUIPA apply to fortune tellers?
In Patricia Moore-King v. County of Chesterfield, the Court was asked if RLUIPA applies to fortune tellers. The answer is No, at least in the Fourth Circuit. Patricia Moore-King (“Moore-King” or “Plaintiff”) brought suit against the County of Chesterfield, Virginia (the “County” or “Defendant”) challenging the […]
Read MoreRLUIPA’S Unreasonable Limitations and Total Exclusions provisions
The case of Eagle Cove Camp & Conference Center, Inc. v. Town of Woodboro, Wisconsin is an interesting case involving, in part, RLUIPA’S least litigated claims: unreasonable restrictions and total exclusions. Eagle Cove Camp & Conference Center, Inc. (“Eagle”) sought to construct a year-round Bible […]
Read MoreAbout Us
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.
Our Practice Areas
- call us: 313.859.6000
- visit us:The Chrysler House
719 Griswold Street, Suite 270
Detroit, Michigan 48226 - parking:Financial District Garage (730 Shelby Street, access via Lafayette and Shelby)
Mitchell CorderAdministrative Bishop Church of God, Tennessee
In my role as Administrative Bishop for the Church of God, quite often we are faced with issues that involve local governments and municipalities. Many of these issues that arise in dealing with entities are land use related. I have found Dalton & Tomich’s experience and expertise in this area to be a valuable resource and asset in every situation.
Tim RhodusLead Pastor, Cross Church Carlinville & Staunton, IL
Never one time during a year-long litigation process did Dalton & Tomich demonstrate anything other than Christ-like professionalism. They managed the legal details, while we continued to do church. How they managed themselves, managed our case, and represented our church set the table for me and our church to be where we are today.
Ronnie HolmesSenior Pastor, Church of the Open Door, Waco, TX
Dalton & Tomich’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. Their personal interest in helping us went “above and beyond” just the call of duty.