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Post files appeal in Islamic Center lawsuit


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Post files appeal in Islamic Center lawsuit | Robert Corlew, David LaRoche, Islamic Center of Murfreesboro, Murfreesboro, Rutherford County, County Commission, Planning Commission, Court of Appeals, Public Notice

Attorney David LaRoche, who represents The Murfreesboro Post, presents closing arguments April 26, 2012, during a trial over construction of the Islamic Center of Murfreesboro at the Rutherford County Judicial Building in Murfreesboro, Tenn. (File photo)
The Murfreesboro Post filed a notice to appeal Thursday arguing a Rutherford County judge erred in declining to rule on the newspaper’s legal status, as part of a decision that voided approval for construction of the Islamic Center of Murfreesboro.

“To refuse a judgment is unfair, and quite frankly, it is a copout,” said attorney David LaRoche, who represents The Post. “Our own Rutherford County Chancery Court has taken actions to harm the newspaper.”

In the appeal, LaRoche questions whether Chancellor Robert Corlew III and his staff committed a reversible error by giving an opinion on The Post prior to it being included in legal proceedings, creating a “justifiable controversy upon which declaratory judgment should have been granted.”

Specifically, the Tennessee Court of Appeals is being asked to review the appropriateness of an opinion Corlew issued Nov. 17, 2010, stating, “We continue to have serious questions whether The Post qualifies as a newspaper of general circulation within Rutherford County.”

John Bratcher, clerk and master of the Chancery Court, is also criticized for issuing a statement to the legal community, saying, “Given the uncertainty … the Chancery Court will no longer use that newspaper to publish legal notices, effective March 1, 2011,” which still hangs inside the Rutherford County Judicial Building.

“Corlew and Bratcher are hurting a locally owned business,” LaRoche said, “and they have taken steps to harm its economic model – all while refusing any remedy in court.”

The appeal filed by The Post is the latest development in the Islamic Center controversy – a lawsuit that has thrust Rutherford County into the national spotlight and garnered the attention of the U.S. Department of Justice, which is now monitoring the case.

In May, Corlew ruled the Rutherford County Planning Commission failed to provide adequate public notice prior to approving construction of the Islamic Center during a May 24, 2010, regularly scheduled meeting.

“The plaintiffs argue persuasively that the issue before us was in fact a matter of great importance and a matter of tremendous public interest,” Corlew said, as part of his decision.

Given the “totality of the circumstances,” the Planning Commission should have utilized multiple media outlets, which is not required under current law, to inform residents about the Islamic Center proposal, Corlew said.

The move comes one week after county attorneys also filed to appeal the ruling, citing concerns about whether requiring the Planning Commission to treat the Islamic Center differently than other religious organizations violates the U.S. and Tennessee constitutions.

For more than two years, opponents of the Islamic Center have fought to stop construction of the new mosque, located on Veals Road off Bradyville Pike.

In addition to touting the issue as a terrorism concern, Islamic Center opponents have based much of their argument on the assertion that a public notice published May 2, 2010, in The Post was insufficient because, at that time, it was not a newspaper of general circulation.

“This is about whether The Post was a newspaper of general circulation in May 2010,” said attorney Joe Brandon Jr., who represents opponents of the Islamic Center, during a pre-trial hearing held last year. “Today, it is a paper of general circulation.”

As a result, in November 2011, Corlew ruled The Post could intervene in the lawsuit to defend itself against those accusations – a decision LaRoche contends would not have been made without reason.

Despite the allegations, however, Corlew reasoned his decision to abstain from ruling on The Post by saying, there was “no pending controversy” regarding the legitimacy of the newspaper, which still “continues to provide a positive presence in the local community.”

The court ordered intervention in the lawsuit solely for the purpose of seeking a declaratory judgment. By declining to rule, Corlew has only fueled confusion regarding the matter, LaRoche said.

“The Court of Appeals is going to review Corlew’s decision under a very strong standard of abuse of discretion,” LaRoche said, “and I believe the appellate court will find that Corlew abused his discretionary authority in handling this lawsuit.”
 
 
 
Tagged under  County Commission, Court of Appeals, David LaRoche, Islamic Center of Murfreesboro, Murfreesboro, Planning Commission, Public Notice, Robert Corlew, Rutherford County


Member Opinions:
By: 2isonU on 6/28/12
Finding the above editorial ("Post files appeal in Islamic lawsuit") perplesing, I would like to address the following posting to (1) Rutherford County Judge Robert Corlew III and (2) Rutherford County Chancery Court Clerm and Master John Bratcher:

Stated Corlew III, via this editorial: "We continue to have seriuous questions wether The Post qualifies as a newspaper of general circulation in Rutherford County."

PARROTING Corlew III, Bratcher was quoted as saying, "Given the uncertianty . . . the Chancery Court will no longer use that newspaper to publish legal notices, effective March 1, 2011."

First, Let me make clear this fact: It makes total sense that Bratcher would PARROT Corlew's stance - right vs. wrong not mattering one eye-o-ta - beecause it wouldn't be prudent, career-wise, for a Clerk and Master to rebut a judge with whom he works . . . do you follow me?!

Judge Corlew III, allow me to let in you on a very simple-to-understand secret: Under Tennessee law, the Murfreesboro Post meets all guidlines necessary to qualify as newspaper of general circulation in Tennessee. With your inductive and dxeductive reasoning skills, surely to goodness, you can sort out this in that space between your left & right ears.

If I didn't better, I would ask: Do you two - Judge Corlew III and Clerk and Master Bratcher - live in a "tree house"?

However, being an understanding, civil-minded sort, I'm going to intervene on behalf of the belabored Corlew III and Bratcher. For reasons of therapeutic reality, professionalism & an apology to Rutherford County and its residents, you two pillars of the community should stand on The Square and, over a good sound system - as a duet - sing repeatedly: "The Murfreesboro Post is a newspaper, indeed/Please forgive us, these words, please, heed"!

By: Venerable on 6/28/12
One point to raise here is that now that the DNJ's website is now closed to everyone that does not have a subscription, it undermines the "general circulation" and accessibility of these public notifications. The Murfreesboro Post is free in both print and web, but everyone has to pay for the DNJ in print and web. Couldn't the legal argument be made that the Post is in fact more accessible to the public, especially low-income families?

By: 2isonU on 6/28/12
Judge Corlew & Clerk and Master Bratcher, I thought I would share with you two this posting from a previous edition of The MP (though on the same subject, Corlew not recognizing The MP as a newspaper of general circulation):
***

(NOTE: To qualify as a newspaper in the state of Tennessee, the following requirements must be met.)

(1) The newspaper in question must be published once weekly, at least. The MP is published twice weekly.
(2) The newspaper in question must have news of general content. The MP features an eclectic mix of content.
(3) The newspaper in question must be available throughout the county. The MP is available at a plethora of locations throughout Rutherford County.

Backing up bit, in 2007, the Tennessee Attorney General sent a letter to The MP stating it met the guidelines necessary to qualify as a legitimate newspaper.

Still, Attorney Alisha Hodge, an ombudsman for the state of Tennessee Comptroller’s Office, also expressed that The MP, in fact, qualified as a newspaper.

For some “strange reason(s),” Corlew failed to mention Attorney Hodge’s comment (a substantial comment, from a substantial source) recognizing that The MP met all qualifications necessary to be called a legitimate newspaper.

Now comes the question: What, precisely, are the “reasons” behind Corlew’s reluctance to publicly recognize The MP as a newspaper?

(A) Is he naïve to the definitive guidelines that spell “what is an actual newspaper” vs. “what is not”?
(B) Does he have a “set agenda” that prohibits him from publicly recognizing The MP as a legitimate newspaper in Tennessee?
(C) Does someone or some group have “some kind of “leverage” over Corlew?
(D) Any of the above?
(E) Any combination of the
(F) All of the above

By: 2isonU on 6/28/12
Venerable:

Great point!

By: johnphilleo on 6/28/12
I agree that the Post has more potential public access than the DNJ because it is free in print and online. It is obviously a legitimate newspaper, and can be picked up almost anywhere around town. I answer (E) Any combination of the above. I believe Corlew has a set agenda and that there are definitely groups who have leverage over him. The Post is merely another victim of the tragic campaign to deny the local Muslims their constitutional rights.

By: bota on 6/29/12
I say "Salom" to all the above posts. The online MP is a lot more informative and allows a much, much broader range of public opinion. (It) is less political and free from a corporate dictator and that in itself allows the reader to be better and more honestly informed on local issues and news.

By: 2isonU on 6/29/12
Hail-hail the Solomonic wisdom of "Bota"! Where others are engulfed in a cloud of total DARKNESS, Bota truly sees the LIGHT! Sock-it-to-'em, King Bota!


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