County Judge Robert Corlew III decided to void the county planning commission’s approval of the mosque project based not on the Mosque opponents wacky claims about stealth-jihad, islamization, Islam not being a religion, etc., but the narrow reason that the county did not give “adequate public notice about a request to build the mosque.” That is a helluva lot more rational reason than the hyperbolic, fear-mongering, hate-filled nonsense that we’ve become accustomed to hearing from the Lou Ann Zelenik anti-Murfreesboro mosque camp.
The judge did not however call for “construction to be stopped” and so County and Mosque officials are saying construction will continue for the time being:
by Bob Smietana (The Tennessean)
UPDATE: Rutherford County has no immediate plans revoke the building permit for an embattled Murfreesboro mosque.
“The county is going to look at all the possibilities,” said Jim Cope, attorney for Rutherford County. “This could take weeks.”
Construction at the new Islamic Center of Murfreesboro was set to continue today, despite a judge’s decision that voided the county planning commission’s approval of the project. But the judge did not order a stop to the construction.
Opponents of the mosque want construction to end immediately. Mosque officials say the work will continue until they get official word to stop.
“There are two sides here that disagree,” said Cope. “The county is not the umpire here.”
Cope said that county officials are waiting for a court order from Judge Robert Corlew III before taking their next step. They could file a motion to reconsider or appeal the judge’s decision.
Blocking the mosque project could lead to a federal lawsuit under the religious anti-discrimination laws.
“There are a lot of moving parts in this,” said Cope.
A judge says the Rutherford County planning commission violated state law by not giving adequate public notice about a request to build a mosque in Murfreesboro. But the judge did not say whether work on the building has to stop.
Mosque supporters and opponents disagree on whether the ruling means construction work at the site should stop immediately until there is another planning meeting to discuss the request again. Essam Fathy, head of the construction committee for the Islamic Center of Murfreesboro, said workers will return to the Veals Road site today to continue building the 52,960-square-foot mosque because no one in county government has told them to stop. “This has all come as a big surprise,” he said.
Fathy said there is still about six weeks of work left on the first phase of the project — 12,000 square feet — which began in September.
As of Tuesday afternoon, the Rutherford County Building Codes Department had not revoked the mosque’s building permit.
But Joe Brandon, attorney for the plaintiffs who filed suit against the county in 2010 challenging the public notice process, said the judge’s ruling means the work cannot legally continue. “At the present time, they (congregation members) are in violation of the law if they as much as lift a hammer,” Brandon said.
Brandon said the Islamic Center of Murfreesboro was not a named party in the lawsuit and that’s probably why the judge’s order doesn’t specifically order construction halted.
But he said the judge’s ruling erases the site approval, and without that approval, the building permit should be invalid.
Chancellor Robert Corlew III ruled Tuesday that the commission failed to give adequate public notice of a May 24, 2010, meeting. At that meeting, commissioners approved the new building plans for the Islamic Center of Murfreesboro. But the judge said the commission’s actions were “null and void.”
State law requires that government bodies provide adequate public notice of meetings, but it does not offer many specifics beyond that. Attorneys for Rutherford County have argued that the notice in the printed edition of the Murfreesboro Post and on the paper’s website met the notice requirements.
The county’s legal department did not return calls late Tuesday.
Jim Cope, Rutherford County attorney, told The Tennessean in July 2011 that if the site plan approval was revoked, then mosque leaders probably would have to reapply to the planning commission. Because the Veals Road site is already zoned for religious use, there would be no public hearing or comments on the site plan.
“What we’d have in effect is a ‘do-over,’ ” Cope said last year.
The county attorney also could appeal the decision.
‘A huge victory’
The judge said the commission can meet again to discuss the mosque project, as long as it gives proper notice to the public. Mosque opponents and other members of the public have a right to attend that meeting, but they don’t have the right to speak at the meeting, Corlew wrote. And any future decision by the commission can’t discriminate against members of the mosque, he said.
The next commission meeting is set for June 11.
Imam Osama Bahloul said leaders of the Islamic center would do whatever the county asked of them. “We want to obey the law,” he said. “We want to be good citizens.”
Brandon repeated his belief that the Islamic center is a political organization, not a religious group. “Today is a huge victory. It’s the first time that the political movement of Islam has been stopped in its tracks.”
If the Islamic center gets approved for a new site plan, he said, then the plaintiffs would file a new lawsuit. “They are in this for the long haul.”