RLUIPA Archives - Dalton and Tomich

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.

May 31, 2024 No Comments

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.

May 30, 2024 No Comments

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

May 28, 2024 No Comments

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

Appellate and Constitutional Law

Yale Law Journal Highlights How RLUIPA Can Help Churches Create Affordable Housing

The Yale Law Journal recently published an article entitled Churching Nimbys: Creating Affordable Housing on Church Property by Rev. Patrick E. Reidy, C.S.C. The article explains how existing

April 10, 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

Appellate and Constitutional Law

Constitutional Concerns with Regulating Assembly Uses Based on Religious Content

The term “assembly use” is a zoning classification for places where people gather for a wide range of group activities. Typical examples include community centers,

March 13, 2024 No Comments

Firm News

Demystifying RLUIPA: Talking about RLUIPA at the Department of Justice Roundtable at Chapman University in Orange, California

On March 19, 2024, Daniel Dalton will be speaking at the United States Department of Justice Roundtable Conference in Orange, California at Chapman University School of Law about the often-complex topic of land use and zoning. Specifically, my focus will be on the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law that impacts the development of religious institutions and the rights of institutionalized persons.

March 11, 2024 No Comments

Category: RLUIPA

Seeking Justice: Relief Available in RLUIPA Land Use Claims

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

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

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.

Yale Law Journal Highlights How RLUIPA Can Help Churches Create Affordable Housing

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

Constitutional Concerns with Regulating Assembly Uses Based on Religious Content

Demystifying RLUIPA: Talking about RLUIPA at the Department of Justice Roundtable at Chapman University in Orange, California

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