Corlew grants Post’s motion to join lawsuit on The Murfreesboro Post

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Corlew grants Post’s motion to join lawsuit

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By: MARIE KEMPH, mkemph@murfreesboropost.com

Posted: Thursday, November 3, 2011 12:01 am

In a legal ruling Wednesday morning, The Murfreesboro Post was granted permission to join an ongoing lawsuit surrounding the construction of the Islamic Center of Murfreesboro.

The locally owned newspaper is now a party to the lawsuit in an effort to defend itself against claims of inadequate public notice. Up until this point, the plaintiffs’ arguments to halt construction of the mosque have been resolved.

Judge Robert Corlew III ruled Wednesday that The Murfreesboro Post could intervene in the lawsuit to defend itself against attorney Joe Brandon’s clients, who have argued that the Rutherford County Regional Planning Commission did not give adequate notice to the plaintiffs about a proposed mosque.

Following the decision, Brandon said the lawsuit alleging that The Murfreesboro Post is not a paper of general circulation should not be inferred as an assault against the publication’s reputation.

“This litigation is not about whether or not The Murfreesboro Post is a paper of general circulation today,” Brandon said. “If Ron Fryar had been at The Post at the time, it would have been a moot point.”

Fryar joined the newspaper on March 17, 2010, almost two months before the Rutherford County Planning Commission announced it was holding a meeting regarding the Islamic Center’s proposal to build a new mosque.

Murfreesboro attorney David LaRoche, who is representing the newspaper, pointed out that Fryar’s involvement has nothing to do with whether The Post is a paper of general circulation.

“We met the requirements defined by the state on May 3, 2010, when the Planning Commission ran the ad. We still meet the requirements,” LaRoche said.

According to state law, a paper of general circulation is a publication that is distributed in the area where the notice is required, 50 percent or more of its content is articles of general interest and not advertisements, and it is at least published weekly.

On Oct. 6, The Murfreesboro Post expanded to a twice-weekly publication and is now distributed on Thursday and Sunday.

To date, it is the only newspaper published solely in Rutherford County to have received a Tennessee Attorney General opinion in favor of its status as a newspaper of general circulation, according to the lawsuit.

“It has nothing to do with how many doorsteps we deliver to or if we charge for subscription,” LaRoche said. “The plaintiffs have pulled this argument out of thin air. There is no legal basis in the state of Tennessee. He has made that up.”

Even though the plaintiffs in the court case “respect the paper,” Brandon said his clients believe the Planning Commission should have advertised the meeting in other publications, in addition to The Post.

“We are glad The Murfreesboro Post has joined in this litigation,” Brandon said. “It has a financial stake in this matter, and it should be involved.”

LaRoche said The Post is defending more than its reputation.

“This is defending our status as a paper of general circulation – a place where legal notices can be run,” he said. “This is a matter of legal status.”

Tagged under County Commission, David LaRoche, Islamic Center of Murfreesboro, Joe Brandon, Muslim, Robert Corlew, Rutherford County

Member Opinions:

By: momx5 on 11/3/11
Yet another attempt to halt the building of this unpopular house of religion. AND it's too bad The Post has to be caught up in it just to defend its position as a valid publication. Public notices are not free to those that are required to post them. This is about future revenue for the publication and a reputation as a palyer in the game of journalism. I for one appreciate getting my POST via email...FREE by the way. Invalidate their sources of revenue and we no longer have such instant access. Its ashamed the bitter battle to stop the Mosque goes after a local business that ultimately has very little to do with it.

By: Blueyes on 11/9/11
Congratulations Post. Mosque clients now must turn up another rock, scarce as they are.
Ron, the Father Fryar, will prevail.