Tennessee mosque work continues after judge voids building permit

Mark Humphrey / AP

The Islamic Center of Murfreesboro is under construction in Murfreesboro, Tenn.

Updated at 7:30 p.m. ET: Construction work continued on a Murfreesboro, Tenn., mosque Wednesday despite a judge’s ruling a day earlier voiding building permits for the controversial project.

Chancellor Robert Corlew III of the 16th District Chancery Court ruled that construction must cease because not enough notice was given about a May 24, 2010, public meeting in which Rutherford County planning commissioners approved the site plan for the Islamic Center of Murfreesboro.

"This is Sharia law," Joe Brandon, plaintiffs’ attorney, said of construction continuing without a valid permit. "They’re thumbing their nose at the state of Tennessee."

Brandon lodged an order Wednesday at the Chancery Court asking that construction at the mosque be stopped completely.


The county had not issued a stop work order by the end of Wednesday, Brandon said.

"If it were you or I, they'd be out there and stop us," Brandon charged. "The county attorney needs to man up and tell them to stop."

Corlew ruled in favor of Kevin Fisher and other Rutherford County residents who sued the Planning Commission. The mosque is free to reapply for permits, he said.

"It's a good day for the plaintiffs; I'm very pleased with the outcome," plaintiff Henry Golcyznky said, adding he was somewhat surprised Corlew ruled in the plaintiffs' favor.

See the original story on NBC Station WSMV of Nashville, Tenn.

"There should have been public notice. People should have been allowed to come in and express or at least understand what was going on," Golcyznky said.

A public notice about the 2010 Planning Commission meeting, in which no public hearing was required over the mosque’s site plan, was published in the twice-weekly Murfreesboro Post, which has a contract to handle Rutherford County’s legal advertising. 

Islamic Center members said they hoped to complete the first phase of the mosque by Ramadan, a month-long Muslim holiday beginning this year on July 20, based on the Islamic lunar calendar.

"This decision comes at a crucial time, because we were at a point about to celebrate the opening of our center. which we were hoping to happen, probably within two to three months. It's a sad day in our community," said mosque member Saleh Sbenaty.

Construction of the $2 million, 52,000-square-foot mosque is well under way, with the first phase, a 12,000-square-foot building, nearly complete.

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The mosque was not a party in the lawsuit.

"We really don't know the implications of the ruling that the judge came with. We're still in contact with our legal counsel. ... We're going to see what the next step is going to be," Sbenaty said

If the mosque officials must reapply for permits, then they will, he said.

A construction crew was at the mosque site Wednesday.

 "The decision of the court will not be final at the earliest until 30 days after a court order is filed, county attorney Jim Cope said. "Therefore, things will remain in a fluid state during the next several weeks until the parties, ICM, and the court address all the legal issues that remain pending and unresolved."

The judge's ruling drew nationwide attention.

Council on American-Islamic Relations called for the Department of Justice to intervene in the case if the county doesn't issue new building permits to "protect the religious rights of Tennessee Muslims."

CAIR said the judge’s ruling “used phrases and reasoning which could be viewed as indicating that a higher degree of public notice is required for issues related to Tennessee Muslims.”

Earlier story at NBC station WSMV of Nashville, Tenn.

"American Muslim constitutional rights should not be diminished merely because anti-Muslim bigots are able to manufacture a controversy about what would otherwise be normal religious activities," said CAIR attorney Gadeir Abbas.

"If the Rutherford County Planning Commission does not immediately issue new permits for the mosque, we urge the Department of Justice to intervene in this case to support the religious rights of Tennessee Muslims."

Mosque opponents have fought construction for two years, arguing that Islam is not a real religion deserving of First Amendment protections and that the Islamic Center of Murfreesboro has terrorist ties.

The judge dismissed those allegations but held the trial on the narrower claim that the public meeting law was violated.

Larry Flowers is a reporter at NBC station WSMV of Nashville, Tenn.

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Discuss this post

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As long as muslims promote anti-American agendas (ie, sharia law, terrorism), there will always be controversy.

    Reply#133 - Thu May 31, 2012 1:24 PM EDT

    As long as all religions promote the teaching of mythology as fact, there will always be controversy.

      #133.1 - Thu May 31, 2012 1:55 PM EDT

      Sharia law? Murfeesboro will go to any lenghts to deny these Muslims the opportunity to construct a place of worship and the residents of this town represent the darkest underside of bigoted racism America has to offer.

        #133.2 - Thu May 31, 2012 1:59 PM EDT
        Reply

        According to the information given in the article, the court ruling that the initial building permit is revoked,and that the building contractor for the Mosque must apply for a new permit, does not take effect for 30 days from the date of the ruling which was May 29th. So the contractor is not in violation of the court ruling by continuing construction during the remaining 27 days of that 30 day period. And Mr. Brandon (plaintiff's counsel) is either mistaken on that point of law, or he deliberately made an inflammatory remark when he stated, "This is Shariah Law . . . . They are thumbing their noses at the state of Tennessee." Mr. Brandon knows, or should know the laws of the state of Tennessee since he practices law in that jurisdiction. The court did not issue a cease and desist order, it merely ruled on whether or not the Mosque's building contractor had properly been issued the building permit. The Mosque is nnot a party to this law suit; its general contractor, which is a US corporation, is. And that contractor is in no way involved with Shariah law. That religious law system belongs solely to the Mosque, which again, is not a party to this suit. So the contractor is obeying the laws of Tennessee by continuing construction during the period before the court ruling becomes effective at which time it must cease and obtain a new permit in order to continue construction. And Atty. Brandon might benefit from a refresher course in Tennessee Civil Law Procedure.

          Reply#134 - Thu May 31, 2012 2:14 PM EDT

          What people keep blindly missing here is that Islam is not at fault for these behaviors anymore than Christianity is at fault for Timothy McVeigh bombing Oklahoma City. There are always going to be a**holes who claim to follow a religion and then do things the religion says are wrong. Not all Christians are bigoted dipwads, not all Muslims are fanatics who kill women and children for stupid infractions. You have to separate the religion from the religous. Most Muslims are about as similar to Mohammad as Christians are to the frickin Westboro Baptists.

            Reply#135 - Thu May 31, 2012 2:44 PM EDT

            When are people going to learn that month of Ramadan is not a holiday as quoted in this story saying that "...... Ramadan, a month-long Muslim holiday" - Muslims continue to work during this month and there is no difference in their routine other than fasting. This is a month of fasting - nothing else.

            Hawk Wala

            • 1 vote
            Reply#136 - Thu May 31, 2012 3:37 PM EDT

            I worked for several years along side a Muslim man, an American, a devoted family man who believed God judged us first and foremost on how we treat our fellow man and in that regrad very humbly and quietly did far more than any so called christian I've met.

              #136.1 - Thu May 31, 2012 3:46 PM EDT

              And did he speak up when Danny Pearl's head was cut off? When 3000 Americans died? Doubt it.

              • 2 votes
              #136.2 - Thu May 31, 2012 5:21 PM EDT

              Hawk, in many workplaces EVEN in Christian majority countries, Muslims push to ban eating in the workplace during Ramadan, lest it discomfit them. They also attempt to ban pork in workplace cafeterias, EVEN if other choices are available. Note that Jews never did this and Hindus don't push to ban beef for others.

              • 2 votes
              #136.3 - Thu May 31, 2012 5:23 PM EDT
              Reply

              Hear that hissing? That's the serpents of the religious right. And just as in the garden, appealing to her vanity, they hiss in our ears, telling us God is on our side, not theirs. here's a hint, God is on neither side, God has spoken to us through His Son in word and deed and these serpents no more heed Him than do the serpents that seek to defile Islam and Judaism

                Reply#137 - Thu May 31, 2012 3:44 PM EDT

                2 million plus...hmmm That is probably tax payer relief money sent to the pakis and re routed to the stateside terrorists as part of their never ending war on Christianity.

                What would happen to a christian church...the ACLU and Mooslime nation would be all over this like the stink of the shiite they are.

                This thing should be burnt down. They are clearly indicating that they have no regard for our legal system unless it is their favor. Fkn mooslimes same as obummer and holder if they don't like it they ignore it.

                • 1 vote
                Reply#138 - Thu May 31, 2012 4:09 PM EDT

                will someone please tell me why we let these brainwashed zombies into this country,? Is any none muslim better off? what do they contribute? Most are defective because the prophet approved inbreeding.....

                • 2 votes
                Reply#139 - Thu May 31, 2012 4:36 PM EDT

                Bulldoze the damn thing...it's illegally built!

                • 1 vote
                Reply#140 - Thu May 31, 2012 4:45 PM EDT

                Islam claims to have its own Shariah law that supercedes any other legal system - that is the problem here: not the issue of freedom of religion or any other supposed 1st Amendment issue. Shariah law does not supercede anything IN THIS COUNTRY.

                If you want your Shariah law BS then go back to whatever SH--hole country you came from!

                • 2 votes
                Reply#141 - Thu May 31, 2012 4:50 PM EDT

                To SoCalMoFo: I've said it before but it needs repeating. Read the article again and carefully. Sharia Law was mentioned by the plaintiff's attorney and is a classic example of a "poisoning the well" logical fallacy, which is design to elicit erroneous responses like yours. The case itself was against the planning commission, not the Mosque.

                  #141.1 - Thu May 31, 2012 10:48 PM EDT
                  Reply

                  So WHERE are the "union delegates" when we need them?

                    Reply#142 - Thu May 31, 2012 5:14 PM EDT

                    When you want to take over a country, re-establish the Caliphate and impose sharia law, you cannot let little things like "building departments" or "regulations" or the "rights of the public to give input" stand in your way.

                    • 2 votes
                    Reply#143 - Thu May 31, 2012 5:20 PM EDT

                    You didn't understand the article. Bravo.

                      #143.1 - Mon Jun 4, 2012 4:41 PM EDT
                      Reply

                      I wish people would treat their religion as they would their own genitals:

                      Be proud of them, even worship them...

                      But do me a favor........ Keep them to yourselves & leave me alone with mine.

                      Don't know & don't wanna know.

                      • 2 votes
                      Reply#144 - Thu May 31, 2012 5:22 PM EDT

                      I went to look at some land in TN a few years back. I picked up a local newspaper and read where a Trucker (who was of Arabic descent) was shot by a police officer over a traffic stop. The Police offier said that the Trucker pulled a knife on him... I think he lied because the trucker was so scared after being shot he got back into his truck and tried to drive away before the idiot cop killed him. On the same page, there was a huge picture of a kid and the dear he shot. I remember thinking that these people who wrote the paper might have been making a sneaky statement there(?)
                      I grew up RC and then went to Lutheran and finally was leaning towards Islam but had problems with it. So when I say that I am fine with someone building a Mosque anywhere they choose, as long as they own the land; is fine with me, it is because of my own history. I do understand the Tennessee'ans who are against it though. They would be fine with it if it were a Christian Church of course, but a Mosque, God no! I pity the poor muslims who choose to live in that state.

                      • 1 vote
                      Reply#145 - Thu May 31, 2012 5:23 PM EDT

                      Go figure...another piece of work that is thinking about converting to the religion of total control and hatred. That is not a religion , it is more of a cult following. You want to practice the muslim religion, go do it someplace else. It's time America makes a stand against BS and goes back to the land of the free. You want to be controlled turn into a muslim. You don't like this then leave!

                      • 1 vote
                      #145.1 - Thu May 31, 2012 8:03 PM EDT
                      Reply

                      Look out peeps. My granddaughters will most likely be told no school for them and they better cover up. If you all want to live like that, go somewhere else. Where people fall for this garbage. I, for one, fought for my rights as a women and hate to see that Americans are so hell bent on not offending anyone, that they will allow this kind of stuff here in the US. they do not see what is coming. Mark my words. You think I'm crazy. I don't think so. I live in a very large city that I see this more and more. In order to give others so called rights, our are taken away. Sad to see.

                        Reply#146 - Thu May 31, 2012 6:21 PM EDT

                        Once the mosque is completed it will be a sovereign place 'outside of the laws of this country'. Sharia law does not recognise any other laws or the organizations that enforce them.

                        I say absolutely DO NOT allow this place to be built. Burn the friggen place to the ground before it multiplies. Call me a bigot, but what better place to organize and hide weapons and explosives for the express intent of doing this country harm. In other words for those of you who don't understand...terrorists!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Great meeting place for planning and executing terroristic activity. I'm not saying all muslims are evil, but the few that are , outweigh the good ones. If the 'good' peace loving muslims,(are there such people?) can't control the radicals from within their own ranks, then how can anyone else?

                          Reply#147 - Thu May 31, 2012 6:24 PM EDT

                          Rocker3360 - I would (and have) welcomed Mosques and encourage all to be accepting as a way to help assimilate them (and others) into the community. A Duke University study of American Muslims concluded that Mosques and a robust Muslim community may be a deterrent to the spread of radical Islam.

                            #147.1 - Thu May 31, 2012 11:19 PM EDT

                            Rocker3360 & SRScott; you are hatefull and ignorant. I should leave here? Because you don't like me living here? More the reason for me to stay then. In this country we have freedom of religion. If you don't like it, you should leave.

                            You know nothing of Islam! If you weren't such hateful people you would have reasearched it and found your beliefs were in error. In Islam women are equal to men. Islam emphasises family and charity. Islam teaches love and restraint. Islam requires we keep our bodies and minds healthy. You think that the tribal/cultural limits that supposed Muslims force on women and the attrocities radical/terrorist supposed Muslims do are examples of Islam, and this is not so. The primitive people who are fearful of their women being educated are not examples of true Muslims or Islam. These are examples of primitive people who ignorantly profess a connection to the Holy Qur'an and Islam for their excesses. In Islam it is a sin to harm innocents. In Islam there are rules for starting a Holy war and these rules are very clear. Many Muslims today cling to a primitive cultural belief that they attach to Islam and the Holy Qur'an, creating a religion for the pleasure of men; but this is not true Islam and they are wrong. There are quite a few Muslims who believe in true Islam, a religion that supports the family, that encourages charity and understanding, that believes in the protection of innocents, the care of widows and orphans. Yet I know you are to hateful to understand this and you will never research it, prefering to keep your own hate filled biases.

                              #147.2 - Sat Jun 2, 2012 9:16 PM EDT

                              Rocker:

                              First, sharia law does not supersede US law. Not anywhere, even in a locked mosque. That is the problem with the silly idea that sharia law will 'take hold'. That's like you deciding that murder is legal in your house so that you can get away with it. You can say it all you want, but when the police show up and break down the door, you would still go to jail. So your 'imposition of Rocker law' was pointless.

                              Second, don't you think they would stockpile the explosives in an already existing mosque somewhere near a good target instead of in the middle of f'ing nowhere in Tennessee? I do. That fact that you missed this glaring issue makes you unworthy. Stop embarrassing yourself.

                                #147.3 - Mon Jun 4, 2012 4:45 PM EDT
                                Reply

                                ALL churches should be required to pay property taxes !!!!!!

                                  Reply#148 - Thu May 31, 2012 6:46 PM EDT

                                  Freedom of Religion means ANY religion, like it or not. If a church can do it, so can a mosque or a synagogue. Funny how that shoe looks different when you put it on the other foot...

                                  • 1 vote
                                  Reply#149 - Thu May 31, 2012 7:07 PM EDT

                                  Shariaha Law ain't bad for family issues. Better than totally secular courts which ingnore family values.

                                  Shariah law recognizes family values.

                                  If you steal [criminal law] the you get what you deserve.

                                    Reply#150 - Sat Jun 2, 2012 11:32 PM EDT
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