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Unreasonable Limitations

Racially Charged Religious Discrimination Prohibited Under RLUIPA

  • February 7, 2019
  • by Daniel P. Dalton

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 […]

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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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Religious land use win establishes precedent that local governments cannot deny a religious use based on its determination of what a Church is

  • July 13, 2018
  • by Admin

Irish Oaks is a non-denominational Christian church founded by a group of friends in rural Lapeer County. These friends were interested in developing their relationship with God but felt out of place in traditional, formal churches. So they decided to form their own church with […]

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RLUIPA Land Use Trial Outcomes

  • December 12, 2017
  • by Daniel P. Dalton

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 […]

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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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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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RLUIPA – Complete Religious Land Use Resources now available

  • April 18, 2016
  • by Daniel P. Dalton

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 […]

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Our New RLUIPA Website is Live!

  • January 4, 2016
  • by Admin

  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 […]

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The status of the Church of Our Savior trial

  • October 27, 2014
  • by Daniel P. Dalton

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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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.