Attorneys for Land Use,
Property and Business Law

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Substantial Burden

The latest news on the Church of Our Savior case

  • September 23, 2014
  • by Daniel P. Dalton

As reported by Action News 38, here, https://www.actionnewsjax.com/news/news/local/church-attorney-jacksonville-beach-changed-religio/nhN29/ Church attorney: Jacksonville Beach changed Religious Land Use Act on purpose before trial By Amanda Warford JACKSONVILLE BEACH, Fla. — The City of Jacksonville Beach will head to federal court Wednesday to fight a lawsuit filed by […]

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Resolution of the San Diego RLUIPA / Religious Land Use and Zoning Case

  • April 26, 2013
  • by Daniel P. Dalton

The final chapter has been written and the story has ended with the City of San Diego finalizing the settlement between itself and the Academy of Our Lady of Peace this past week. Several news organizations have taken an indepth review of the case and […]

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Federal Courts Split on Whether Contraceptive Mandate Provision Puts Substantial Burden on Religious Exercise

  • March 24, 2013
  • by Zana Tomich

The mandate that businesses provide contraceptive coverage to their employees under the Affordable Care Act (“ACA”) or face substantial fines has led to more than 50 lawsuits against the federal government in federal courts across the country. To date there has been a split among […]

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Federal Courts Split on Whether Contraceptive Mandate Provision Puts Substantial Burden on Religious Exercise

  • March 24, 2013
  • by Zana Tomich

The mandate that businesses provide contraceptive coverage to their employees under the Affordable Care Act (“ACA”) or face substantial fines has led to more than 50 lawsuits against the federal government in federal courts across the country. To date there has been a split among […]

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City of San Diego settles RLUIPA lawsuit with Academy of Our Lady of Peace,

  • February 20, 2013
  • by Daniel P. Dalton

As reported in today's San Diego Tribune and San Diego Reader the City of San Diego has dropped its opposition to the modernization plan of the Academy of Our Lady of Peace. The settlement combines cash payment, permits and relocation of homes The Academy of […]

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The 5th Circuit Court of Appeals enforces RLUIPA against a City who singled out a religious assembly

  • September 29, 2012
  • by Daniel P. Dalton

In yet another victory for religious land use freedom, the Fifth Circuit Court of Appeals has ruled that a federal district court in Mississippi abused its discretion when it denied a church’s motion for a preliminary injunction in an action brought under the United States […]

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Religious Land Use update

  • June 18, 2012
  • by Daniel P. Dalton

There has been a string of recent decisions concerning religious land use that significantly impact religious land decisions in the United States. A sample of the cases follow: In Liberty Temple Full Gospel Church, Inc. v. Village of Bolingbrook, No. 11C2173, 2012 WL 1230728 (N.D.Ill. […]

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The Academy of Our Lady of Peace Religious Land Use case is heading to trial October 1

  • May 23, 2012
  • by Daniel P. Dalton

San Diego (May 23, 2012) – The Honorable Cathy Ann Bencivengo, United States District Court Judge for the Southern District of California, has set a trial date of October 1, 2012 in the case of Academy of Our Lady of Peace v. City of San […]

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Breaking News: the 9th Circuit Finds a City Zoning Scheme Creates a Substantial Burden

  • February 15, 2011
  • by Daniel P. Dalton

In a published opinion released just hours ago, the 9th Circuit Court of Appeals released its decision in International Church of the Foresquare Gospel v. City of San Leandro, Case No. 09-15163 where the Court reversed the decision of the lower court who granted summary […]

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So What is a “Substantial Burden” Within RLUIPA?

  • February 2, 2011
  • by Daniel P. Dalton

The term “substantial burden” in RLUIPA has confused and divided lower courts since it first appeared in the Act

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