The law firm of Dalton & Tomich PLC is proud to announce that it has prepared the very first comprehensive list of RLUIPA land use cases and Law Review Articles on its website, www.attorneysforlanduse.com
The success rates and chronological listing of cases provide illustration of judicial assessments of RLUIPA’s land use provisions in practice over the statute’s first fifteen years of existence, subject to the following methodological stipulations:
- A favorable ruling refers to a ruling on the merits in favor of a religious organization, a jury verdict in favor of a religious organization followed by settlement, remand on the merits in favor of a religious organization followed by settlement, or the granting of an injunction or temporary restraining order in favor of a religious organization.
- Disputes settled before a jury verdict, grant of injunction or temporary restraining order, or ruling on the merits have been excluded.
- A pleading is justiciable if a plaintiff has standing and its claim is ripe and not moot. Justiciablity is emphasized in this compilation and treated as distinct from jurisdictional considerations because of the prevalence of standing concerns in land use litigation.
- A claim was pled but later precluded by the court because another claim was successful is considered a claim not pled.
Likewise, we have reviewed all of the law review articles and notes related to RLUIPA, as relating to the land use component, from 2000 through 2015 as a guide for researching particular aspects of the statute.
We believe that these two components of the website will serve as the leading guide to religious land uses cases litigated under RLUIPA for many years to come. Should you have any questions concerning RLUIPA or Religious Land Use litigation, please do not hesitate to contact one of the professionals at Dalton & Tomich PLC.
