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
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.
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,
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.
The Western Apache have long worshipped at a sacred site called Oak Flat, which is situated on federal land in Arizona. Despite the sacredness of
There has long been a battle between public schools and their alternatives over students. When school districts are funded on a per capita basis, every
A governmental entity has a very limited role when it comes to determining if a plaintiff is “religious enough,” or engaged in “religious activity,” for purposes of RLUIPA
The United States Court of Appeals for the Eleventh Circuit (“the Eleventh Circuit Court”) clarified how courts should determine whether a substantial burden on religious
When litigating religious land use cases, it is important to look at state religious freedom restoration acts and add them as a claim to case
Zoning matters are often procedurally complex. They can involve many layers of review, require several public hearings and votes from different governing bodies. So when
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