Land use decisions can’t favor secular over religious organizations; RLUIPA gives religious organizations of all faiths  legal protection to pursue their mission free from discrimination

Media Contact: Barbara Fornasiero; EAFocus Communications; barbara@eafocus.com; 248.260.8466

Detroit —June 30, 2025 —-It’s happening with increased frequency: a faith-based organization seeks approval for a new development, expansion of an existing facility, or a new service offering related to its mission, and is shut down (and sometimes shouted down) by city planning commissioners eager to dismiss plans for what they see as a non-taxable entity that will use limited community resources while giving nothing in return. At times, such dismissals are also marked by language and actions that are discriminatory, making them illegal.  According to Daniel Dalton, co-founder of Michigan-based Dalton & Tomich and one of the nation’s leading authorities on religious land use, they often are.

“The Religious Land Use & Institutionalized Persons Act (RLUIPA) protects faith-based organizations from religious discrimination,” Dalton explained. “The law has been on the books since 2000, yet far from fear of running afoul of RLUIPA, many developers, economic development professionals and city council and city planning commissioners don’t even know what RLUIPA is until faced with a lawsuit that cites RLUIPA violations.”

In an era where faith-based matters are regularly in the news, Dalton says it’s incumbent on land use professionals and elected or appointed officials who make decisions on municipal land use to shore up on RLUIPA. Dalton, whose practice encompasses nearly all 50 states, regularly represents clients in RLUIPA lawsuits against municipalities. He has been a repeat visitor to San Diego, where he recently won a lawsuit in favor of his client, All People’s Church.

In 2018, the Church purchased a six-acre, long-vacant plot of land to accommodate growing church membership, planning to build a 900-seat sanctuary, office space and multi-purpose rooms. Initial discussions with the city were positive but following backlash from a small but powerful residential resistance group, project approval lagged. Ultimately a RLUIPA lawsuit was filed against the city in 2024, with a decision made in favor of All People’s Church in March 2025, granting approval of its site plan.

In March 2025, Dalton’s client, Hope Rising Community Church, based in the Borough of Clarion, Pennsylvania, received support from the Department of Justice when the DOJ determined that the borough’s refusal to allow Hope Rising Community Church to purchase property was a violation of RLUIPA. The case is currently awaiting a decision from the court on the Borough’s motion to dismiss.

The firm is also representing Fresh Start Center against Michigan’s Grosse Ile Township. The lawsuit was filed in 2024 after the Township denied the Jewish nonprofit’s special land use request to host small spiritual retreats at its property, and cites both religious discrimination and violation of RLUIPA.

“This property lies within a R-1-B district and the Township allows similarly situated non-religious facilities to locate there,” Larry Opalewski, a partner at Dalton & Tomich who also leads RLUIPA cases, explained. “Instead of following the land use evidence in the record, the Township bowed to pressure and thinly veiled discrimination from residents – and even some of its own planning commissioners. When publicly questioning the legitimacy of the Center’s religious exercise, one of the planning commissioners even added up the money she thought the Center would “make” from the retreats, further stoking anti-Jewish stereotypes. It is unacceptable and it is illegal.”

Dalton stated that the broader economic development community may lag in understanding RLUIPA because cases are often local rather than national blockbuster news. Furthermore, no RLUIPA case has ever reached the Supreme Court. In the meantime, those involved in land use will continue to learn the hard way.

“While the economic development community may not be aware of or fully understand RLUIPA, many religious organizations do -and will battle it out in court to continue pursuing their faith-based mission,” Dalton said.

In addition to promoting education about RLUIPA, Dalton emphasizes the need for a deeper understanding of the economic impact of faith-based organizations within the community.

“It’s been documented in a study by the University of Pennsylvania that faith-based organizations can contribute more than $1 million annually to the community where they are located,” Dalton said. “We also see economic impact through church staffing and outreach services like food pantries that can augment some of the social services that municipalities may provide.”

About Dalton & Tomich

Dalton & Tomich PLC, based in Detroit, is a versatile national law firm that represents religious organizations in property disputes. This includes cases involving religious groups in land use and zoning disputes addressed through the Religious Land Use and Institutionalized Persons Act (RLUIPA), as well as litigation over property ownership between denominations and local churches. The firm also assists property owners in Michigan with site plan approvals, zoning appeals, and land use disputes related to zoning, easements, boundary line disputes, and water access rights. Additionally, the firm collaborates with lending institutions, privately held businesses, and nonprofits, often serving in a general counsel capacity. To learn more about our services for businesses and religious organizations, visit https://www.daltontomich.com/.

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