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BREAKING NEWS: County files appeal in Murfreesboro mosque case

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BREAKING NEWS: County files appeal in Murfreesboro mosque case | Islamic Center of Murfreesboro, Planning Commission, County Commission, Murfreesboro, Robert Corlew, Court, Rutherford County

County Attorney Josh McCreary presents oral arguments April 28, 2012, in Rutherford County Chancery Court in Murfreesboro, Tenn. (FILE PHOTO)
On Thursday, Rutherford County officials filed a notice to appeal a local judge’s ruling that voided approval for construction of the Islamic Center of Murfreesboro.

In May, Chancellor Robert Corlew III ruled the Planning Commission failed to provide adequate public notice prior to approving a site plan proposal to build the Islamic Center, which subsequently led to opponents filing an injunction request to stop construction.

On June 13, Corlew granted a partial injunction blocking Rutherford County officials from issuing the Islamic Center an occupancy certificate, which would allow use of the mosque, because his previous decision voided authorization for construction.

According to court documents, county attorneys questioned whether requiring the Planning Commission to treat the Islamic Center differently than other religious organizations violates the U.S. Constitution and Tennessee Constitution.

The move comes one week after the Rutherford County Commission voted to appeal the ruling.

 

For in-depth coverage of this story, pick up a copy of the Sunday, June 24, 2012, print edition of The Murfreesboro Post.

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County Commission, Court, Islamic Center of Murfreesboro, Murfreesboro, Planning Commission, Robert Corlew, Rutherford County
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Members Opinions:
June 22, 2012 at 2:56pm
The First Amendment to the U.S. Constitution guarantees us freedom of speech, and of the press, the right to establish and practice religion, the right to address the government for redress of grievances and the right to peaceably assemble. Likewise, love and tolerance are two basic principals of Christianity. As a Christian American, it distresses me that so many people would work so hard and hatefully to deny these people their constitutional rights, often in the name of Christ, which doesn't glorify Him. This is a slippery slope that undermines the foundation of American justice and freedom as well as Christian love and tolerance. A disgrace, and a vote against Corlew.
June 23, 2012 at 9:17am
Judge Corlew lost sight early on of what this action was all about. He allowed plaintiffs attorney to avoid the only question that mattered, that being to show where the County had acted differently in (its) public notice policy in the case of the Mosque. To allow the plaintiffs to put on a legal sideshow without focusing on "that question" was in, my opinion, inexcusable. Judge Corlews personal opinion about public notice should have been made in an off the record comment after the trial. In my opinion (he) was obligated to rule under the law and common practice that was in effect at the time of the planners action. I totally agree that the County is now forced to appeal the Courts decision, one that was poorly thought out and threatens to open up a legal can of worms.
July 15, 2012 at 9:53pm
@johnphilleo I thank God there are still nice people in this world! While I don't live in Murfreesboro, TN, but I am an American-born Muslim and I have family in Murfreesboro, and it really broke my heart to see all of the mean, racist, and hurtful comments on the ICM articles' about Muslims, people who claim to be pastors and all that, but what kind of religious leader leads their people astray and teaches them to be mean, cruel, and hurtful? That's not a real pastor, in my opinion. I am very thankful there are still wonderful people like you still left in this world. Thank you for making the world a better place. :)
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