Faith-based organization sought approval of spiritual retreat center; Religious Land Use & Institutionalized Persons Act (RLUIPA) protects faith-based organizations from religious discrimination
Media Contact: Barbara Fornasiero; EAFocus Communications; barbara@eafocus.com; 248.260.8466
Detroit —April 4, 2025 —- Larry Opalewski, a partner with Detroit-based business and land use law firm Dalton & Tomich, said a lawsuit, filed in August 2024 on behalf of his client, Fresh Start Center, against Michigan’s Grosse Ile Township is ongoing. The lawsuit was filed after the Township denied the Jewish nonprofit’s special land use request to host small spiritual retreats at its property on Meridian Road.
“This property lies within a R-1-B district and the Township allows similarly situated non-religious facilities to locate there,” Opalewski 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.”
Fresh Start Center’s plans for the property are to host small groups of four to five individuals for retreats designed to reignite and strengthen their Orthodox Jewish faith. Retreats would be held twice a month and include meditation and discussion, shared meals, and group activities such as walks, yoga and kayaking. There are no land use impacts to the surrounding neighborhood
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The lawsuit cites both religious discrimination and violation of the federal Religious Land Use & Institutionalized Persons Act (RLUIPA), which protects faith-based organizations from religious discrimination in the land use context. Dalton & Tomich is known for its experience in litigating RLUIPA cases for clients of all faiths across the country. In the current case, the firm is seeking declaratory relief, preliminary and permanent injunction, and damages and attorney fees arising from the Township’s unequal treatment of the Fresh Start Center.
About Dalton & Tomich
Detroit-based Dalton & Tomich PLC is a versatile law firm representing property owners in site plan approvals, zoning appeals and land use disputes involving zoning, easements, boundary line disputes and access to water. The firm also works with lending institutions and privately held businesses and nonprofits, often in a general counsel capacity. Further, serving as a partner to religious organizations, Dalton & Tomich is a national leader in religious property law land use, notably with cases related to the Religious Land Use and Institutionalized Persons Act (RLUIPA) and denominational splits. Learn more about our services for businesses and religious organizations at https://www.daltontomich.com/.
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