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Author: Daniel Dalton

RLUIPA

Damages remain a remedy in land use cases litigated under RLUIPA.

In Landor, the court clarified that RLUIPA does not alter the law; rather, it bars prison litigants from seeking monetary damages from individuals who infringe their rights under the Act. This means Landor’s case is more about procedure than substantive law. The court may sympathize with Landor’s situation but still conclude that, as RLUIPA is currently drafted, he has no legal recourse for damages.

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RLUIPA

Site Plan Approved for Milwaukee Rescue Mission: When a Zoning Board Decides What Makes a Church

Congratulations to Milwaukee Rescue Mission for securing approval to build a new recovery facility in New Berlin, Wisconsin. Despite opposition, the Zoning Board reviewed the law and reached a favorable outcome. The key issue was what defines a church: a sanctuary with pews and a pulpit, or a long-term residential addiction recovery facility run as a Christian ministry. The City of New Berlin Board of Appeals ruled on June 22, 2026, resolving a dispute between a citizen coalition and the regional mission. The decision highlights how zoning laws, religious protections, and community interests clash when faith-based organizations expand.

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In 2026, local churches often encounter federal court processes when building new sanctuaries or expanding ministries. Despite RLUIPA's existence for more than 25 years, recent legal developments have created new opportunities and challenges for congregations seeking zoning approval. If your church is denied by the local planning board, understanding the main trends in RLUIPA litigation this year is essential.
CEQA

All Peoples Church prevails in a CEQA challenge in California: Lessons in Law, Environment, and Urban Planning from Save Del Cerro v. City of San Diego

Congratulations to our client, All Peoples Church in San Diego, California, for prevailing in a CEQA (California Environmental Quality Act) challenge to the approval of its site plan for a new facility in the Del Cerro neighborhood. This legal victory marks the latest milestone in the church’s nearly decade-long effort to build on land it purchased long ago. Prior to this case, the city denied the church’s zoning application, the church sued in federal court alleging RLUIPA violations, and the city settled, approving the site plan and paying the church’s attorney fees. Thereafter, a citizen group filed a CEQA challenge.

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For decades, Florida has stood as a legal island in a shifting sea of religious property law. While the majority of the United States has moved toward treating church property disputes like any other secular contract or trust, Florida has remained steadfast in its "hands-off" approach. However, a recent and potentially earth-shaking decision by the First District Court of Appeal (DCA) in First United Methodist Church of Hobe Sound v. The Board of Trustees of the Florida Annual Conference of the United Methodist Church has signaled that the status quo may be about to crack.
Church Property Disputes/Denominational Splits

The “Ransom” of the Sanctuary: Florida’s High-Stakes Battle Over Church Property

For decades, Florida has stood as a legal island in a shifting sea of religious property law. While the majority of the United States has moved toward treating church property disputes like any other secular contract or trust, Florida has remained steadfast in its “hands-off” approach. However, a recent and potentially earth-shaking decision by the First District Court of Appeal (DCA) in First United Methodist Church of Hobe Sound v. The Board of Trustees of the Florida Annual Conference of the United Methodist Church has signaled that the status quo may be about to crack.

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RLUIPA

Lessons in Liberty: Daniel Dalton Provides RLUIPA Training to Brunswick Officials

In the heart of Brunswick, Georgia, a significant shift in local governance is taking place—one rooted in federal law and the protection of religious exercise. Following a high-profile legal battle with the United States Department of Justice (DOJ), the City of Brunswick recently hosted a critical training session led by Daniel Dalton, a nationally recognized expert in the Religious Land Use and Institutionalized Persons Act (RLUIPA).

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Land Use and Zoning

Michigan considers statewide zoning

In Michigan, a legislative battle is brewing that could fundamentally change the way your neighborhood looks. At its heart is a classic American struggle: the push for statewide progress versus the protection of local control.

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