Dalton and Tomich white logo
Dalton and Tomich white logo

Author: Daniel Dalton

Church Mergers

Amending United Methodist Endowments: Sacred Trusts, Changing Times – A Call for Thoughtful Amendment

Endowments stand as pillars of financial strength within some United Methodist and Presbyterian Church (U.S.A) churches. They provide resources that support ministries, outreach, and the upkeep of our sacred spaces. But as doctrine and discipline change, and as our world faces new challenges, a question arises: Should our church endowments be amended? And if so, how can we do this responsibly and in line with our faith?

Read More »
Equal Terms

Seeking Justice: Relief Available in RLUIPA Land Use Claims

The Religious Land Use and Institutionalized Persons Act (RLUIPA) provides vital protections for religious institutions facing discriminatory or unduly burdensome land use regulations. But what happens if a religious institution believes its RLUIPA rights have been violated? What kind of relief can they seek? In this blog post, we’ll explore the various remedies available to those who successfully bring a RLUIPA land use claim.

Read More »
Nonprofits

RLUIPA: The quiet Religious Freedom law that is reshaping land use and zoning in America

The Atlantic Magazine profiled the case of North Jersey Vineyard v. City of South Hackensack, New Jersey,  a case that I litigated where the Court applied the Religious Land Use and Institutionalized Persons Act (RLUIPA), to an land use decision of a local community that barred a church from using a building it purchased in an area zoned for religious use, that ultimately resulted in a difficult years long lawsuit.

Read More »
RLUIPA

Protecting Religious Freedom in Land Use: Understanding the Non-Discrimination Provision of RLUIPA

This provision of RLUIPA, often referred to as the “non-discrimination provision,” serves as a shield against unfair treatment of religious organizations in the context of land use. It prohibits governments at all levels—federal, state, and local—from enacting or enforcing regulations that single out religious assemblies or institutions based on their faith or denominatio

Read More »
Equal Terms

Navigating the Maze: The Equal Terms Provision of RLUIPA in Land Use

The right to freely exercise one’s religion is a cornerstone of American society. However, navigating the complexities of land use regulations can sometimes create hurdles for religious institutions seeking to establish or expand their presence. The Religious Land Use and Institutionalized Persons Act (RLUIPA) aims to address this by ensuring a level playing field. Here, we delve into the act’s Equal Terms Provision and its application in land-use matters.

Read More »
RLUIPA

Navigating Faith and Zoning: Understanding “Substantial Burden” under RLUIPA

The Religious Land Use and Institutionalized Persons Act (RLUIPA) protects the right of religious organizations to practice their faith without undue government interference. A key concept within RLUIPA is the idea of a “substantial burden” on religious exercise. This blog post unpacks what this term means and how it impacts religious institutions and land-use regulations.

Read More »
RLUIPA

The Federal Law Addressing Religious Land Use and Zoning that helps all Religious Assemblies in Zoning Matters.

The Religious Land Use and Institutionalized Persons Act, also known as RLUIPA, passed by a unanimous Congress and signed into law by President Clinton in 2000, was enacted by Congress in response to actions taken by local government to exclude houses of worship within communities. All types of religious uses, like Churches, Mosque, Temples and Synagogues faced discrimination in building on land in communities throughout the United States and as a result, Congress stepped in to address municipal discrimination

Read More »
Church Property Disputes/Denominational Splits

Promises made, Promises Broken: How the decisions made at the 2024 General Conference of the United Methodist Church affect local churches

The delegates to the 2024 General Conference of the United Methodist Church voted to adopt dramatic changes to the theology and the governance of the denomination. Read this week’s blog (in the comments below) to learn about the legal implications of the decisions of the General Conference.

Read More »
Attorney Advertising Disclaimer

Please note that this website may be considered attorney advertising in some states. Prior results described on this site do not guarantee similar outcomes in future cases or transactions.