VIDEO: “Murfreesboro Mosque Opponents Take Case to Tennessee Supreme Court”

From USA Today

Islamic Center of Murfreesboro

Plaintiffs contend the Rutherford County planning commission failed to give proper public notice before approving the mosque construction plans

by Scott Broden

MURFREESBORO, Tenn. — Plaintiffs opposed to the county’s approval of a mosque construction project have filed an appeal to the Tennessee Supreme Court, their attorney says.

The plaintiffs hope the state’s top court will overturn an state appeals court decision that upheld the Rutherford County Regional Planning Commission approval of the Islamic Center of Murfreesboro’s plans to build a new mosque.

Plaintiffs’ attorneys Joe Brandon Jr. of Murfreesboro and Thomas Smith of Franklin filed the appeal Monday.

The appeals court overruled a May 2012 decision by local Chancellor Robert Corlew III that said the county failed to provide adequate public notice before planning commissioners approved the Islamic Center’s plans to construct a new, 52,960-square-foot building. A federal court in Nashville earlier had intervened at the request of the U.S. Department of Justice and the Islamic Center and determined that the local case violated the congregation’s First Amendment religious freedom and land-use rights.

The center completed the first 12,000 square feet last August and have plans to eventually add a gym, indoor pool, classrooms for a weekend religious school and other facilities.

The federal court decision upset the plaintiffs.

“It’s nonsense that we got robbed by the Department of Justice and the federal court,” Brandon said Tuesday. “They tried to strong arm and bully everyone in sight, and we’re not going to tolerate that.”

Saleh Sbenaty, a board member with the Islamic Center of Murfreesboro and a professor at Middle Tennessee State University, questioned why opponents continue to appeal the case.

“We have already wasted enough energy and money on this issue,” Sbenaty said. “We have been here for over 30 years. This is our home. We are productive members of our community. We have no other place to go.”

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