Church Zoning, Land Use And RLUIPA Legal Services

CHURCH ZONING, LAND USE, AND RLUIPA LEGAL SERVICES

We’re religious land use lawyers who have helped many churches all across the country grow and expand by overcoming zoning barriers.

You purchased land with the intention of using it for a church, but the local government has denied you the ability to use the land for religious assembly due to zoning issues.

WHAT CAN YOU DO?

It’s a problem Dalton & Tomich attorneys have handled numerous times. We have helped many churches overcome land use restrictions and zoning issues.

We can help you navigate the often complicated world of zoning and land use regulations. Whether you need a permit from a local zoning board or a federal court order, the professionals at Dalton & Tomich, PLC know what it takes to help houses of worship secure the relief they need.

Our success before local administrative bodies and in federal court has enabled churches to pursue their noble missions, acquire new property, expand existing buildings, and complete new construction projects.

OUR CASES OFTEN INVOLVE A CHURCH’S RIGHTS UNDER:

  • The Free Exercise Clause of the First Amendment
  • The Equal Protection Clause of the Fourteenth Amendment
  • The federal law called the Religious Land Use and Institutionalized Persons Act (RLUIPA)

In addition to zoning approval, we have also helped churches recover monetary damages, their attorney’s fees and injunctions.

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CHURCH LAND USE AND ZONING LEGAL SERVICES

When you work with Dalton & Tomich, PLC you are getting comprehensive legal help. Our legal services are designed to guide your church through the religious land use and zoning process.

EXPERIENCE COUNTS IN RELIGIOUS LAND USE AND ZONING MATTERS

Church leaders and their congregations benefit from the experience of our nationally recognized religious land use and zoning attorneys Daniel P. Dalton and Noel W. Sterett. We have more than a decade of experience and a proven track record of success.

One recent church land use case that grabbed national attention was that of North Vineyard Church in South Hackensack, New Jersey. The case was highlighted by The Atlantic magazine. Working closely with the church pastor to overcome discrimination on the part of the local community, we were able to secure a resolution that enabled the construction of a 717-seat sanctuary critical to the Church’s growth and mission.

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GET THE FREE RLUIPA GUIDE

If you find yourself in the unfortunate situation of not being able to use the building or property you just purchased, you should know two things: 1) You aren’t alone. 2) You have options.

This FREE guide will help you understand your rights, navigate your options (litigation might not even be required!) and understand the process for what happens next.

DOWNLOAD YOUR FREE GUIDE FOR CHURCHES TODAY!

Dan

Noel

Dan and Noel have been highlighted as authorities on the topic of religious land use in many publications, including The Wall Street Journal and Christianity Today. Dan is also the author of the only book dedicated to how to litigate religious land use cases.

Let us be a trusted guide that can secure the zoning approval and permits needed for your church to grow and serve your community.

CONTACT DAN AND NOEL TODAY

Mr. Dalton’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. His personal interest in helping our church went “above and beyond” just the call of duty. His understanding of both legal and spiritual matters seems to uniquely qualify him to do what he is doing in this very important field of litigation!

Ronnie Holmes

Church of the Open Door

I met Dan Dalton during a dark time for our church. He was recommended as the leading RLUIPA attorney in the nation. He demonstrated wisdom, expertise, a gentle nature, a calming inter-relational skill, genuineness, and a humble demeanor, while at the same time, being sharp, forth-right, strong, assertive, and fully respected by the other side’s attorneys & Judge throughout the case. Dan successfully guided us through a minefield that had been unevenly stacked against us. Dan managed the legal details, while we continued to do church. He even attended church social events to answer questions and mingle with our church family. He was loved and appreciated by our church leaders and our congregation. How Dan managed himself, managed our case and represented our church set the table for me and our church to be where we are today.

Tim Rhodus

Cross Church Carlinville and Staunton, IL

In 2015, Hope Rising Community Church experienced extreme opposition, the kind that would force it to close its doors and leave behind the families and youth it was so passionate about reaching. As the lead pastor I felt helpless, inferior and as if I had no voice.
Dan Dalton, and the law firm Dalton & Tomich, stepped in and fought for our church, its people and the vision that is Hope Rising. They stood with us, gave us a voice and were absolutely amazing every step of the way. Dan Dalton and the Dalton & Tomich law firm are not just amazing lawyers, they are friends, they are family and they are members of ‘The Church.

Harry Hoff

Hope Rising Community Church

CHURCH ZONING CAN BE COMPLICATED.
WE CAN HELP.

The experienced church land use and zoning attorneys of Dalton & Tomich, PLC will defend your church’s right to grow and to worship freely so your organization can thrive.

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FREQUENTLY ASKED QUESTIONS: CHURCH REQUIREMENTS AND LAND USE

RLUIPA is the Religious Land Use and Institutionalized Persons Act. It is essentially a religious protection act that ensures local governments can’t discriminate against churches through land use and zoning laws.

There are many other claims that can be raised to support local church construction in a land use dispute. This includes claims under the First Amendment Free Exercise Clause, the Free Speech or Assembly Clauses and the Fourteenth Amendment Equal Protection clause.

The facts of your case may bring other federal statutes into play as well. These additional laws could include the Fair Housing Act and the Americans with Disability Act, as well as state constitutional and statutory provisions. We evaluate each claim independently to determine the best strategy in moving forward so that you have the best chance of succeeding at trial.

For more on the question of what happens when RLUIPA doesn’t apply, watch our “what if RLUIPA doesn’t apply” video.

Churches can be established in a variety of zones. At one time, churches could easily exist in a residential area, but today that isn’t the case. Often churches are in commercial or institutional zones. Keep in mind, church zoning often comes with special use permits in order to build a church or expand it. RLUIPA and the First Amendment limit the way local governments can restrict churches.

Religious entities have the same right to be treated fairly and equally in all zoning and land use matters as secular assembly uses. Local governments which discriminate against churches and other religious institutions are often in violation of RLUIPA and the United States Constitution.

Our video on what to do in the case of a zoning denial is the resource you need. The first step is to see if there are any potential internal appeals in the zoning code. If there are no internal appeals available, and if the facts of your case or the language of the zoning ordinance give you the ability to challenge the denial, you can file suit in state or federal court asserting a just cause of action under RLUIPA.

We are happy to help in these matters. Please contact us if you have any questions.

Conditional use permits provide that a religious use is permitted in the zoning district, but it’s not considered a right. In order to get the conditional use permit, the applicant has to meet certain requirements specified by a local governing agency.

In general, the time frame from filing suit until you have a trial date is 18 months. The 18 months will not be easy or predictable. Litigation is akin to riding a rollercoaster – there are high points and low points, but not many level points. Much of the case depends on factors out of your control. The judge assigned to the case has a tremendous impact as to how the case proceeds. The law changes as well. Simply put, there are no guarantees.

Litigation can be very difficult and it is nearly impossible to determine up front what the economic and non-economic costs might be. Much of the answer depends on the response from the other side of the case.

While we cannot tell you how much a case may cost, we can tell you (based on our extensive experience), the anticipated cost of cases moving forward. We understand that considering potential costs and all the other factors that go into choosing an attorney can be a frustrating process. We will work with you to alleviate that frustration, taking the time to understand your needs so we can help you determine your budget and the scope of services that will give you the best value for your money. We enjoy working with clients to formulate cost-effective and creative solutions so you can make the right choice.

For more information, view our video on the time and expenses for a typical religious land use case.