Fighting Land Use Roadblocks for Religious Properties and Schools with Dan Dalton

Episode Overview

In this episode, Ryan sits down with Dan Dalton, a partner at Dalton & Tomich and a leading attorney in religious land use and zoning litigation. Dan shares how an unexpected visit from a local pastor launched his legal work in this space and led to his involvement in one of the first RLUIPA cases in the country. Since then, Dan has represented religious groups across the U.S., helping them navigate zoning issues that prevent them from using or developing their properties.

Dan explains the basics of RLUIPA, a law passed in 2000 that protects religious organizations from unfair land use restrictions. He breaks down how the law works, what triggers it, and how it creates a level playing field between religious and secular land uses. Ryan and Dan also talk through real-life examples of zoning conflicts, including a major case in San Diego that spanned seven years and ended in a legal settlement.

For developers and builders, Dan offers insight into how religious properties, especially schools and closed churches, create both legal challenges and redevelopment opportunities. He outlines why timing is key when dealing with zoning denials, and what developers can do to avoid long and expensive legal battles. Dan also emphasizes the importance of understanding a city’s master plan and engaging early with planning staff.

The episode closes with a practical Q&A, where Dan shares advice on common zoning mistakes, parking requirements, and how developers can prepare for and respond to permit denials.

Guest Details