Religious Land Use & the Church: Client Testimonial and Virtual Roundtable...
Church Law & Tax is a leading resource for church leaders looking for guidance on legal and tax issues affecting religious institutions. Recently, Dalton & Tomich attorney Noel Sterett worked...
View ArticleSupreme Court Unified on Strength of the Religious Land Use &...
If you only pay attention to the hot-button cases that make the nightly news, you may think the Supreme Court is deeply divided in most of its cases. This is simply not true. The Supreme Court issues...
View ArticleCourt orders City of St. Pete Beach to pay $250,000+ of church’s attorney...
In violation of federal law, city sought to forbid Pass-A-Grille Beach Community Church from allowing the public to park for free in its private lot near the beach Media Contacts: Barbara Fornasiero,...
View ArticleCelebrating the 22nd Anniversary of the Religious Land Use &...
Today marks the 22nd anniversary of the Religious Land Use and Institutionalized Persons Act, often referred to by its acronym RLUIPA (ruh-loopa). In just over two decades, this little-known federal...
View ArticleApache Case Zeroes in on What it Means to Impose a “Substantial Burden” on...
The Western Apaches have long worshipped at a sacred site called Oak Flat in Arizona. Despite the sacredness of the site and centrality of Oak Flat to the Apache religion, Congress has authorized the...
View ArticleSupreme Court Paves Way For Religious Charter Schools As Religious Schools...
In case after case, the Supreme Court has protected religious schools from various forms of government discrimination. In 2002, the Supreme Court held in Zelman v. Simmons-Harris that the First...
View ArticleEleventh Circuit’s New Factors for RLUIPA Substantial Burden Claims
A year’s long legal dispute continued this week in the Eleventh Circuit where the court ruled that summary judgment was improper against Thai Mediation Association of Alabama, Inc.in their lawsuit...
View ArticleFederal Appeals Panel Finds Orthodox Jewish Academy was Discriminated Against...
Being able to purchase and use property in the ways you desire is no simple task. Recently, a U.S Court of Appeals for the Second Circuit panel (“the Second Circuit panel”) found city officials in...
View ArticleDOJ Supports Oregon Church’s Suit Under RLUIPA
In late 2023, the U.S. Department of Justice (“DOJ”) indicated support for a church in Oregon after the church began having legal issues with a homeless meal program the church had been running for...
View ArticleState Religious Freedom Restoration Act’s provide an alternative to RLUIPA...
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 if the facts of the case permit the same. The recent...
View ArticleEleventh Circuit Court of Appeals Expounds RLUIPA Substantial Burden Analysis
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 exercise exists under the...
View ArticleWho gets decide what “religious exercise” is within the parameters of RLUIPA?
There has recently been an interesting discussion on defining the term “religion” within the context of First Amendment jurisprudence. Judge Kevin Newsom of the Eleventh Circuit Court of Appeals...
View ArticleDivided Court Approves Destruction of Apache Sacred Site on Federal Land
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 the site and centrality of Oak Flat to the Apache...
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