Daniel Dalton, Author at Dalton and Tomich

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.

May 26, 2024 No Comments

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.

May 22, 2024 No Comments

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

May 19, 2024 No Comments

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.

May 13, 2024 No Comments

Church Property Disputes/Denominational Splits

Alabama Supreme Court Sides with Harvest Church in Property Dispute with United Methodist Church

The Alabama Supreme Court decision sets a precedent where a congregation’s property ownership rights can be adjudicated in civil court, even if it contradicts internal church rules. This could potentially embolden other congregations considering disaffiliation, particularly those with substantial assets.

April 15, 2024 No Comments

Easements and Riparian Rights

Property Rights and Prescriptive Easements

The concept of an easement is well established in law. It is commonly defined as a legal right that allows someone to use another person’s

April 9, 2024 No Comments

Church Property Disputes/Denominational Splits

The Role of a Civil Court in a Religious Property Dispute

Not all religious property disputes involve a unanimous decision of a congregation. Typically, a majority of a congregation will vote to leave a denomination and

April 1, 2024 No Comments

Religious Institutions

All People’s Church Files Suit Against City of San Diego for Discriminatory Decision to Deny Church Project in Del Cerro

All Peoples Church has decided to sue the City of San Diego in Federal Court in order to seek a fair redress of its request to build a home for our congregation on its property.

March 26, 2024 No Comments

Church Mergers

Young-Nak Church – a case study of the importance of perseverance in winning a religious property dispute.

Religious property disputes can be some of the most emotionally charged legal battles. They often involve deeply held beliefs and the legacy of a community. If you find yourself embroiled in such a dispute, it’s easy to feel overwhelmed and discouraged. But here’s the good news: with perseverance and a strategic approach, you can prevail. The Young-Nak church experience demonstrates the importance of perseverance in these cases and offer practical guidance to help you navigate the legal process.

March 18, 2024 No Comments

Nonprofits

En Banc Drama: The Ninth Circuit Vacates the Huntsman decision and Orders a New Hearing

Federal appellate courts, like the Circuit Courts of Appeals, typically operate with panels of three judges who hear arguments and issue decisions. However, there’s a provision that allows the entire court, all the judges on the bench, to rehear a case. This is called an en banc hearing

March 13, 2024 No Comments

Author: Daniel Dalton

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

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

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

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

Alabama Supreme Court Sides with Harvest Church in Property Dispute with United Methodist Church

Property Rights and Prescriptive Easements

The Role of a Civil Court in a Religious Property Dispute

All People’s Church Files Suit Against City of San Diego for Discriminatory Decision to Deny Church Project in Del Cerro

Young-Nak Church – a case study of the importance of perseverance in winning a religious property dispute.

En Banc Drama: The Ninth Circuit Vacates the Huntsman decision and Orders a New Hearing

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