Substantial Burden
Licensing requirements and Ripeness: Davis v. City of Selma, California
Stephanie Davis (“Plaintiff”) is a spiritual counselor providing counseling in the County of Fresno, but sought to provide spiritual counseling within the incorporated City of Selma, California (“Defendant” or “City”). Plaintiffs spiritual and counseling activities are founded on and motivated by her fundamental religious beliefs, […]
Read MoreState Environmental Laws and RLUIPA
When does state environmental laws impact RLUIPA? We previously blogged on Fortress Bible Church v. Feiner, a case where the local community improperly used the New York State Environmental Quality Review Act (“SEQRA”) to block a religious institution from building in the local community. A […]
Read MoreBuilding Codes, Fire Codes and RLUIPA – Affordable Recovery Housing v. The City of Blue Island
SCENARIO: Affordable Recovery Housing (“ARH” or “Plaintiff”) is a non-profit, faith-based organization located in the City of Blue Island, Illinois (“Blue Island” or “Defendant”), on a property referred to as the “Mother of Sorrows property” (“the Property”). Since the mid-1950’s, the Mantellate Sisters of Mary […]
Read MoreHomeless Ministries and RLUIPA
Harbor Missionary Church (“the Church”), located in the City of San Buenaventura, California (“Ventura” or “the City”), provides daily chapel services, bible studies, and prayer to the community of Ventura. Specifically, the Church has devoted itself to serving the needs of Ventura’s homeless population, believing […]
Read MoreRLUIPA – Complete Religious Land Use Resources now available
The law firm of Dalton & Tomich PLC is proud to announce that it has prepared the very first comprehensive list of RLUIPA land use cases and Law Review Articles on its website, www.attorneysforlanduse.com The success rates and chronological listing of cases provide illustration of […]
Read MoreAndon v. City of Newport News and the Role of Risk in RLUIPA Substantial Burden Calculus
As the saying goes, sometimes we need to risk it to get the biscuit. Little progress would be made if mankind allowed the potential for failure to discourage otherwise worthy undertakings. Unfortunately for religious institutions, the Fourth Circuit in Andon v. City of Newport News […]
Read MoreDoes RLUIPA Protect Churches Against Eminent Domain Proceedings?
In recent years, several states have announced plans to begin constructing high-speed railway systems within their borders in an effort to create more efficient means of travel. These plans have begun to cause concern for private landowners who worry the states may resort to condemning […]
Read MoreOur New RLUIPA Website is Live!
As we begin the New Year, all of us at Dalton & Tomich are excited to announce that our new website, www.attorneysforlanduse.com, is now live! Attorneys For Land Use is Dalton & Tomich’s microsite that is dedicated to our religious land use (RLUIPA) litigation […]
Read MoreHolt v. Hobbs – Religious Liberty wins again in the United States Supreme Court
A unanimous Supreme Court ruled Tuesday that Gregory Holt, a Muslim prison inmate in Arkansas, can grow a short beard for religious reasons. Our friend Eric Rassbach from the Becket Fund — the public interest law firm that on Tuesday won the Holt v. Hobbs […]
Read MoreThe status of the Church of Our Savior trial
Many of you have asked how the trial in Church of Our Savior v. Jacksonville Beach, Florida ended. The Court has taken the matter under advisement and we are waiting on a decision. By way of background, Church of Our Savior, a small Anglican congregation […]
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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.