Attorneys for Land Use,
Property and Business Law

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Substantial Burden

Approving a Religious Training, Resort and Convention Center: RLUIPA and the Morris Cerullo Legacy Center

  • October 23, 2017
  • by Daniel P. Dalton

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 […]

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Sign Ordinances and RLUIPA:East End Eruv Association, Inc. v. Town of Southampton

  • November 7, 2016
  • by Daniel P. Dalton

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 […]

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Does RLUIPA apply to fortune tellers?

  • August 11, 2016
  • by Daniel P. Dalton

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 […]

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RLUIPA’S Unreasonable Limitations and Total Exclusions provisions

  • August 10, 2016
  • by Daniel P. Dalton

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 […]

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Religious Worship in Residential Homes: Is it an Accessory Use or Change of Use?

  • July 29, 2016
  • by

  In many religious denominations, churches have their members form  bible studies or small groups where members meet on a weekly basis to form a community within the church.  These matters generally do not raise a concern for communities.  However, when a home church starts […]

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Community meals and RLUIPA

  • July 15, 2016
  • by Daniel P. Dalton

St. Vincent de Paul Place, Norwich, Inc., (“St Vincent” or “Appellant”) is a community meal site and food pantry “that strives to meet the needs of homeless people and families with limited income in the greater Norwich[,] [Connecticut] area.” On July 9, 2012, St. Vincent […]

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Prior approval to assemble and use a building for Church and the subsequent demand to leave: RLUIPA and Substantial Burden concerns

  • July 14, 2016
  • by Daniel P. Dalton

The Church of Our Lord and Savior Jesus Christ (“Plaintiff” or “Church”) brought suit against the City of Markham, Illinois (“Defendant” or “City”), following the City’s denial of a special use permit to allow Plaintiff to operate a church in an area zoned residential. Upon […]

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Zoning maps, zoning changes and RLUIPA -Liberty Temple Full Gospel Church, Inc. v. Village of Bolingbrook , Illinois

  • July 13, 2016
  • by Daniel P. Dalton

Liberty Temple Church of Bolingbrook (“Liberty Bolingbrook” or “Church”) is a small congregation of less than 100 members, and a branch of Liberty Temple Full Gospel Church, Inc. (“Liberty Gospel” or “Plaintiff). Liberty Gospel is a not-for-profit organization that is registered in Illinois, and has […]

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Converting a residential home to Church: Do you still need to comply with zoning ordinances?

  • June 30, 2016
  • by Daniel P. Dalton

Faith Walk Fellowship Church (“Faith Walk”) owns a single-family residence in a single-family residential district of Cleveland, Ohio (“the City”). As churches are permitted uses in single-family residential districts, Faith Walk sought a variance to use the residence as a church, and to install a […]

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Converting a residential home to Church: Do you still need to comply with zoning ordinances?

  • June 30, 2016
  • by Daniel P. Dalton

Faith Walk Fellowship Church (“Faith Walk”) owns a single-family residence in a single-family residential district of Cleveland, Ohio (“the City”). As churches are permitted uses in single-family residential districts, Faith Walk sought a variance to use the residence as a church, and to install a […]

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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.