Paeth vs. Worth Township; U.S. District Court, Eastern District of Michigan Southern Division

Contact: Zak Walsh, 248-626-0006

ROYAL OAK, Mich., Aug. 17 /Christian Newswire/ -- Daniel P. Dalton, one of the nation's leading religious land use attorneys and cofounder of Tomkiw Dalton plc, has announced a unanimous verdict of $600,000 issued by a federal jury in favor of Worth Township, Mich. residents George and Margaret Paeth in a case against Worth Township, Mich. Dalton Dalton and Pauline Pensler, also of Tomkiw Dalton plc, represented the Paeths in the case.

The Paeth vs. Worth Township verdict is the largest procedural due process and First Amendment retaliation case in the history of the federal courts within the Eastern District of Michigan and one of the largest such verdicts rendered to date nationwide.

According to Dalton, "the Paeth vs. Worth Township verdict was based upon the Township's deliberate and spiteful violation of the Paeths' constitutional rights."

Statement from Dalton:

"The facts in this case established that throughout the past five years, the elected and appointed officials of Worth Township used their governmental powers in an unlawful and spiteful manner to drive the Paeths out of Worth Township because they dared to question the elected officials' governance. In an attempt to construct their dream home, the Paeths found themselves in a constant battle with the Township and its building inspector, mostly in the issuance and subsequent unlawful revocation of their water and building permits.

"The battle reached a pinnacle in November 2007, after the Township unlawfully posted a stop work order without any basis. The Township admitted it posted the order because the Paeths won a zoning appeal in the Sanilac Circuit Court that was twice affirmed by the Michigan Court of Appeals.

"The jury found that these acts, among others, deprived the Paeths of their constitutional rights -- retaliation for exercise of their First Amendment Rights along with their Fifth Amendment Procedural Due Process rights.

"The next step is adding statutory interest to the judgment from the date of filing the complaint through payment and the approval of the payment of attorney fees. The anticipated total amount of the payment will be in excess of $1,000,000.

"Worth Township does not have insurance to cover the verdict, interest and attorney fees. Therefore, like the citizens of Novi, Mich., who were assessed on their property taxes to pay for the judgment in Sandstone Associates Limited Partnership vs. City of Novi, the citizens of Worth Township will be paying for the judgment out of the general fund and assessments."

 
Dalton, named one of 25 leaders in the law for 2010 by Michigan Lawyers Weekly, a Michigan Super Lawyer in Land Use and Zoning, an Hour Magazine and Business Magazine top lawyer, and Super Lawyer corporate counsel 2010, concentrates his practice in representing religious organizations in land use and zoning disputes and as general counsel.

In 2009, Dalton secured a $550,000 settlement in favor of the House Where Jesus Shines in against the city of Bellmead, Texas, the largest Religious Land Use and Institutionalized Persons Act (RLUIPA) settlement in Texas to date.

He recently authored the RLUIPA chapter in the West 2010 Zoning and Planning Law Handbook.

Tomkiw Dalton, plc is a business law firm located in Royal Oak, Mich., offering a broad range of sophisticated legal services for financial institutions, businesses and churches as general counsel, zoning and land use attorneys. For more information, please visit www.attorneysforlanduse.com or call (248) 591-7000 to speak with Dalton.