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Federal judge: mosque opponents allowed to intervene


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Federal judge: mosque opponents allowed to intervene | Islamic Center of Murfreesboro, Islam, Joe Brandon, Thomas Smith, Kevin Sharp, DOJ, Court, Murfreesboro, County Commission

Thomas Smith (left) gives closing arguments in April 2012 in Rutherford County Chancery Court in Murfreesboro, Tenn. (File photo)

A federal judge in Nashville ruled in favor Wednesday of opponents of the Islamic Center of Murfreesboro, saying the group of Rutherford County residents who are against the project are allowed to intervene in the case regarding religious land-use rights.

Although U.S. District Court Judge Kevin Sharp ruled Islamic Center opponents have a right to participate in the federal proceedings, he placed several limits on what arguments attorneys Joe Brandon Jr. and Thomas Smith are allowed to present during upcoming hearings.

In the ruling, Sharp said Islamic Center opponents are allowed to address whether an order barring the mosque from opening violated the Religious Land Use and Institutionalized Persons Act, a federal law that prohibits discrimination in land use and zoning decisions.

That order was issued by Chancellor Robert Corlew III after he ruled the Rutherford County Commission failed to provide adequate public notice prior to approving construction of the Islamic Center.

Opponents may not, however, present arguments about the legitimacy of Islam as a religion, nor are they allowed to make unfounded accusations alleging some of the mosque's members are involved in terrorism.

The decision comes less than a week after the Rutherford County Building Codes Department issued a permanent certificate of occupancy to the Islamic Center, allowing its members to use the recently constructed building, located on Veals Road off Bradyville Pike.

 
 
 
Tagged under  County Commission, Court, DOJ, Islam, Islamic Center of Murfreesboro, Joe Brandon, Kevin Sharp, Murfreesboro, Thomas Smith


Member Opinions:
By: Duvics on 8/29/12
Seriously? Next time WOC wants to expand, let's make sure they cannot until at least 2 Judges rule on it.

This issue has brought Murfreesboro to a national stage and made the city look ridiculous.

We live in a country based upon religious freedom and it's obvious that no-one involved remembers that. Give up and let these people worship where they want.

There is no threat. Denying basic rights and claims is what creates radicals. Allowing freedom of worship does not.

From OUR Constitution: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

Anyone opposed is opposed to the American way.

By: bota on 8/30/12
Something that has not been brought up, and perhaps the only positive thing that can come out of this latest (hissy), is that the definition of how a newspaper is distributed should be brought up to date. I may be wrong, but everything seems to center around the physical distribution range of a print edition and ignores the online availability of a newspaper. I check out the POST online daily and although I have not received a print edition in years.I know one is available in the rack at Krogers. I check the public notices regularly online. The opponents of the Mosque have tried to mask their opposition to a particular religion by abusing the court system through creating nit-picking technical legal points to drag the case out. The result has ended up in a groundswell of public support for the ICM and a black eye for Murfreesboro and Rutherford County.


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