
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.
Watch the Top Videos on msnbc.com
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.
Follow Jim Gold at msnbc.com on Facebook here.
More content from msnbc.com and NBC News:


Is anyone not bothered by the blind and obvious hatred spewing out of these white Republican Christian Evangelicals???.....What the hell kind of Christ do these lunatics worship anyway!?
According to Christianity, I think they are following their devil's instructions all to well. Does the Christian God hate? No. The "counter part" does-the devil. Does the Christan God say kill those not like you? No. It's all Religions. They have caused more wars than anything else. Grow up humans! Stop the invisible people are running our lives talk. Leave the childhood stories with "Little Red Riding Hood".
Pot meet kettle. Is there a profile of everyone some where that fills in the blanks of what color, religion, party and how dedicated to their religion they are? Sounds to me like you've got enough hatred in you as well.
Last I checked it was the black democrates spewing hate or maybe it was both. how about check your facts instead of just hating republicans so much
tone-2729650, I find your comment rather ignorant. Maybe you get your "facts" from radical Republican speakers or print. I don't know. However, it's Conservative Christian White Men who are the instigating hate, intolerance and racism. Now that's a fact you can research. Just goggle ignorant racist in America. You'll see who shows up.
you have really shown your true colors in those last few lines. You are truly a bigger racist than anyone on here if you really believe all of that crap that you are spewing.
I think I'll go over to the tolerant Middle East and open a Christian based church. Shouldn't be a problem. I need your assistance, please give me some pointers in how I should approach their zoning board... Maybe a civil lawsuit will work?? I'll take the ACLU with me ---surely they can persuade them.
"Mosque opponents have fought construction for two years, arguing that Islam is not a real religion deserving of First Amendment protections"
Exactly what is the definition of a "real" religion? How do I know if my religion is "REAL" or not?
Am I allowed to use electricity?
What should I do if a statue starts bleeding?
What if I see a vision in some tree bark?
Are snakes required?
Do I have to roll on the floor AND speak in tongues, or is one or the other ok?
Am I allowed to take my children to the doctor when they get sick?
Can my wife cut her hair?
If my Bible has book written in Utah, is that a "real" religion?
Is underwear magic, or not?
Do I need a totem pole?
I'm so confused.
Its not what you say that says the most.....
...wow, that was profound.
Well, there experiencing life in the good old USA. Dealing with zoning boards is a trip and these people shouldn't feel singled out. Stuff like this happens all over the country with small town politicians keeping the definition of small town politics alive and well.
They should stop, but if they don't they are in good company. A local lawyer has done it several times and he isn't middle eastern at all.
Event A happens, ho hum, but the reaction to it is often where the scum comes to the top. You people who are so hell bent on infringing on the rights of other citizens are way off base. You don't mind taking their tax's to pave your roads and support your schools, but let them try and build a building (which increases the value of the land and the tax) and that can't happen.
well its kind of hard when your neighbor wants to kill you or convert you. Hell will freeze over the day that Islam does something good for the world. oh and by the way the lawyer did for the money... and everyone pays their taxes I don't see how this is relevant.
Which other religions should we get rid of because they're not "REAL"?
Catholicism? Lot's of people would call them a cult. Of course they would counter that THEY are the only TRUE Christian religion. On the other hand, they're the only church that still consistantly has miracles happening.....AND they can get rid of demons.
Mormonism? Is that real? Magic underwear and all, with a 19th century prophet?
Seventh Day Adventist?
Holy Rollers?
Amish? using electricity is a sin?
Who should be on the "real" list and the "Not real" list?
I like to think that the U.S. offers more freedom than Saudi Arabia. I don't know why anyone would want to be less free. However, there are Christians and churches in Saudi Arabia (Mecca):
http://en.wikipedia.org/wiki/Christianity_in_Saudi_Arabia
The great thing about the U.S. Constitution is that there is no right of people to judge every religion, to determine which are allowed to be followed and which are banned. Right to religion is fundamental, as well as freedom from religion.
Cut the heads off that heathen!
You must mean Christians and those who push their beliefs on people regardless of their own beliefs.
well thats very liberal of you. now you are saying that I dont have the freedom of speech
A heathen is anyone who doesn't have the same religious views as me, also known as an "infidel", or sometimes as a "godless, commie, liberal".
Whenever you self righteous tools get your heads out of your behinds maybe you will realize that tolerance will only take you so far.. Islam is not a peaceful religion, they have an agenda and it is not favorable to the United States nor the rest of the western world. They are simply infiltrating from within. You cannot trust them... they take western tolerance and use it to advance their ideology.. Its not about suppressing anyones right to religious freedom (which by the way will be a joke in a matter of years because religion is a dying concept) Muslims all over the world have an unreasonable hatred for westerners, it does not matter what the reason is because the only way to diminish this hatred is to become Muslim, which will never happen.. So the second you want to jump off of the "tolerance is always right" bandwagon and open your eyes to what is really going on in the world outside of the US bubble you will realize how serious and how quickly the situation is escalating --- once they start blowing themselves up in your local super market you will be holding hands with the "begets" calling for their heads.
Exactly, the Crusades, the Inquisition etc. All just your peaceful christians getting together for a little fun.
No hypocrisy there.
when did the united states participate in the crusades, inquisition?
You do realize that Christianity didn't start in the U.S., don't you? Christ was not cruxified in Salt Lake City.
yes and I am also saying that was a long time ago. stop living in the past get over it. I can not change what happened in the past but I can try to affect the future. "whitey hate everyone, just look at what he did in the 1600s" how about look at yesterday or tomorrow
Yes, open your eyes to what's really going on in the world. Hundreds of thousands killed, maimed, tortured or injured in Iraq in a Crime Against Peace based on lies. Siding with S. Hussein, and the use of wmd's, in a Crime Against Peace to "balance the Middle East", resulting in 1,000,000 dead. 2 million people killed in Vietnam, with "carpet" and "fire" bombing, and wmd agent orange based largely on lies.
100,000,000 million people killed in a "war" among civilized European countries, Afghanistan, Libya, etc., and many South American and Central American false "intrusions" to support "dictators". "Tolerance" at work. People have traveled to these countries for years without problems but here, there are thousands of handgun deaths per year, thousands of injuries and death from dui's, thousands of restraining orders issued per month for violence. Do you see or are you intentionally "blind".
Based on American laws and values, the mosque construction will obviously proceed. I don't believe in discrimination against Muslims, but on the other hand I see the irony that Muslims in the Muslim countries are extremely intolerant. So many Muslims come here expecting the tolerance that Islam does not give in their countries of origin. I think the west needs to hold the barbarism of Islam in the Muslim countries to account. However, I also think Americas laws and institutions make Islam pretty civilized in America. Religious barbarism that is tolerated in Muslim countries is not tolerated in America. Besides the FBI and CIA are great at detecting terrorist threats, so we really do have the luxury of tolerance. Muslims in America have integrated themselves into our society and don't seem to represent any threat beyond what we normally experience.
Christians left Christian countries to come here for religious freedom too. England was a Christian country that Christians were dying to get away from.
Okay, for all you bigots who are also, apparently, somewhat illiterate, the article stated:
"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."
This is common practice for building permits (and most other legal notification requirements). They weren't trying to slip something through without public comment. No planning board broadcasts new construction applications on TV or through loudspeakers atop a car. The standard procedure is to list it in the local paper, which they did. There is nothing at work here except a trampling of the 1st Amendment. Anything else is just anti-Islamic spin.
And, just in case you are wondering, I am not Muslim. In fact, I am an agnostic (definition: "I don't know, and neither do you") who believes there may or may not be a creator but that organized religions are nothing but fairy tales used to control the masses. But my personal beliefs, like yours, are beside the point. The constitution guarantees freedom of religion. ANY religion, no matter how backward, as long as you are not breaking the laws of the land (e.g. Satanists cannot hold human sacrifices in the name of religious freedom).
How much time do you need to understand "They are building a church"???
EVEN in Tennessee.
its not a church its a mosque
"Mosque opponents have fought construction for two years, arguing that Islam is not a real religion deserving of First Amendment protections..."
Excellent far-right thinking! Next the Jewish won't be real because Jesus brought forth a "new covenant", extinguishing the old one. Then Hinduism, Buddhism, Catholicism, etc. Then they'll take evolution and geology and astronomy out of the schools because they conflict with the Biblical timeline. Finally, they'll elect Mike Huckabee President and announce that the President is also head of the mandatory-for-Americans Church of the United States.
Sound far fetched? Tell someone twenty years ago that an American community would try to convince anyone that Islam isn't a religion.
Sounds like Texas to me.
The only REAL religion is the Southern Baptists. That's the church I went to growing up. When the neighborhood the church was in began to "darken" and some of the new "darker" residents had the audacity to come to church, our good, Christian, god fearing pastor told them, "You people have your own churches".
I'm sure that Jesus was so proud. Now, I'm agnostic. I believe in intelligent design, which, of course, rules out the Christian god as the designer. It had to be some other, smarter God.
What a world!!!!.....whatever.....
Of course we have the anti Southern comments thanks to our good cousins up North. The building looks intact. If the confederacy truly did live, I'm quite sure it would have been burnt to the ground by now. By the way, I'm from Ohio, does that make me a Northerner? Funny, people there were just about as ignorant as in any state that I have lived in. I don't think geography has that much to do with it.
Are any northern states re-writing the Biology books to put Jesus in there?
We're working on it here in Texas and other "fly over states". (see: Kansas).
We're still mad about that Scopes Monkey trial.
We're trying to get Thomas Jefferson removed (or at least, de-emphasized) from the public school history books (he believed in that nasty Separation of Church and State stuff).
At the same time, we're trying to get Jesus into the Biology textbooks.
"It's freedom OF religion, not freedom FROM religion"
Y'all making any progress on this important stuff up north?
I live in Texas now. Haven't heard too many folks voice you're sentiment. I'm guessing you are from Austin?
And yes, the intent was that there be no official state sanctioned church, a la Church of England, not that there is to be no church period. Your interpretation is flawed. Ah, Bless your heart!
The flawed "interpretation" is yours.
There is no mention in the Constitution of the Church of England, or any other denomination.
Just "religion" and the government can't promote it, whatever it is. The government can't sanction any church or religion as "real" or "not real".
Sorry.
" Haven't heard too many folks voice you're sentiment."
You haven't been paying attention to religious fundamentalists on the State Board of Education.
Congress may not create an official church or enact laws limiting the freedom of religion, speech, the press, assembly and petition. The bill of rights is not absolute, and we know this because of the sedition acts, censorship, etc. Islam by it's very essence calls for the extermination of all non Muslims. We are at war with Muslim nations. A Muslim killed a bunch of soldiers right on Ft. Hood, which you should know Sam, and another was arrested in Killeen where he was planning to kill a bunch of soldiers and civilians in a crowded restaurant. Go back to your playing your xbox Sam
Christians bombed people in Northern Ireland. A Christian bombed the Atlanta Olympics. A Christian bombed the OK City Federal Builiding.
None of that changes the constitution.
The United States government can not deem one religion to be "real" or another religion to be "not real".
It doesn't matter what an individual muslim did.
And we're not at war with any Muslim nation. We've haven't been "at war" since 1945.
"not that there is to be no church period"
What in the world does that even mean? You think somehow it's implied in the Constitutution that there "SHOULD be a church"?
AND I don't need you or anyone else to tell me what the "intent" was.
It's right there in black and white. Not one mention of Jesus or Christianity....on PURPOSE.
Tell that to the men and women at Ft. Hood, Ft. Bliss, Camp Mabry, Lackland, or Brook Army Medical Center. Try the burn unit, and explain your philosophy there. Like I said kid, go back to your xbox. And scratch talking to the female soldiers, that would be embarrassing for you to get your ass kicked by one of them.
To the men and women at Ft. Hood. Ft. Bliss, Camp Mabry, Lackland, Brook Army Medical Center.
You did not sacrifice to create a Christian theocracy in the United States. Your sacrifice was for freedom. You swore to uphold, and defend the Constitution of the United States of America, and you did. For that we are grateful.
Freedom is not bound to any religion. You can't infringe on the freedom of one group of Americans without infringing upon you own.
I'm sure you know that already.
My son-in-law completed two tours in Afghanistan and one tour in Iraq. He understands the difference between freedom and safety.
Correction. He was deployed twice to Iraq and once to Afhganistan.
I bet he thinks he was in a war or two. I also don't think you have a proper grasp of the tenets of Islam as it is practiced today to be in any position to determine what is "safe" or not. Hmm, you did have me fooled though. I could have sworn you sounded just like a freshman college student.
It's not for the government to decide. They're American citizens. All religions are stupid, as are the people who practice them. If you believe in magic, you're stupid.
"He who sacrifices freedom for security deserves neither."
Benjamin Franklin
why Sammy, why didn't you just say you were an atheist from the get go? And your "all religions are stupid, as are the people who practice them." is a little sophomoric to say the least. I think you lied about the son in law, and you are indeed a young guy. By the way, you just grouped a hell of a lot of people throughout history who had far greater intelligence than you into your definition of "stupid". That, my friend, IS stupid.
I look forward to Sharia Law. It's a pretty sweet deal for the men. The women may want to brace themselves... Don't confuse self professed intelligence with denial of facts. I got a floor mat and everything.
Too bad Santorum didn't get the nomination. We could have gotten pretty close to the same thing under him...Christian Sharia Law. As in Islam, woman may want to brace themselves.
I've got my snake and a bleeding statue ready. and I'm swearing off electricity.
I like how you think and believe you may be on to something. Are there "72" virgins in your Christian Sharia Law?? I think that's a little low - you should make it 100 virgins - nice round number.
In MY religion, you're rewarded with 72 sluts. Now, that's something worth dying for.
NOW WE'RE TALKING!! You must be Libertarian??? Maybe Wicken??? LOL!!
Umm just out curiosity, how is Islam "not a real religion"? It's the fastest-growing one in the world! You can believe what you want but nobody has the right to determine which religions are "real" and which are "fake."
and I heartily encourage you to travel to Afghanistan and take part in this great growth spurt! Bye ya'll, don't come back now, ya hear!
Seeing what is going on in the world with muslims/islamists murdering 100's of thousand of innocent people around the world, I think this is horrible that they are purposefully building many of these mosques in our country by knowingly using our laws against us... once these people prove to the world and the US that they are humanistic enough is when they should be allowed to build mosques... it has been known that many of the US mosques are terrorist sympathizers and 'preach' extreme harm to westerners... besides collecting funds to support the terrorists overseas and domestically...
The world is at war with terrorists who happen to be muslims/islamists - why should they force their arrogance at us by building more mosques.
They are not actually a religion in the main sense of the word... they are a violent, extreme cult... both deal with controlling their followers... some more than others, to essentially do harm to anyone not like them... what 'god' dictates extreme prejudice against innocent people of all different faiths than theirs?
I think your right. We have to get rid of this freedom of religion nonsense to nip this stuff in the bud.
We should have a panel of southern Baptists who make all determinations on what is a "real religion".
Does your preacher wear a pompadour? No? Not a real religion.
Can your preacher cry on demand, just by placing a hanky full of pepper spray near his/her face? No? Not a real religion.
Does your pastor/cleric own his own Gulf Stream jet and employ all of his extended family in his ministry? No? Not a real religion.
We'll clear this up.
I'm really sick of all those Muslims killing and bombing each other in Northern Ireland.
Sam you need to stop watching TV and go live in a muslim country for awhile. I will bet you that you will change your ways.
You need to read the constitution of the United States.
Maybe if YOU went and lived in a muslim country for a while you would understand WHY we have freedom of religion in America and why NO religion is sanctioned as "real" or "not real" by the government.
They don't buy any type of insurance, they can have multiple and "temporary" (snicker) wives, get to pray to the East every hour (like a smoke break), get a month break for Ramadan, qualify for public assistance... I'm liking this whole Muslim thing.
Exactly.
Like King Solomon. Marriage is one man, one woman. 700 times.
Well.. he was busy building that whole temple complex thing. He had to have some distractions.
Pete, I agree with you, they are a cult almost as bad as Christians with a long history of murder and theivery.
Why do we cave in to these morons. Everywhere they go we have to bow to there demands. They did the same thing in Marseilles, France where I used to live. They got a building permit illegally. When a new Mayor took office and realized of the mistake. He went to court. The court ask for the Mosque construction to be stop. Oh no let's continue the construction. Now the mosque is finished but unsafe to use................... All I know they are fanatics and will do whatever to achieve there goal.
So, you really believe that government can deny their building permit because "Islam is not a real religion"?
Have you read the Constitution....check that...have you ever HEARD of the Constitution?
This is only going to get worse. We haven't seen anything yet. Hold on to your hats people.
I know. You've already got two competing groups of Southern Baptists that hate each other. Pretty soon, they'll say that Catholicism is not a real religion, that Methodists are not "real" Christians.
Pretty soon, they'll be referring to CINOs. Christian In Name Only, "I'm severly Christian".
The real question that should be asked is if the actions of the people of this so called Mosque will be watched closey. all you liberals want is freedom. well guess what. in order for you to get your precious freedom then some of your rights have to be infringed upon to maintain your saftey.
" in order for you to get your precious freedom then some of your rights have to be infringed upon to maintain your saftey."
Are you serious? If so, Congatulations! You win the "most asinine comment of the day" award.
I have to ask: Does this include x-ray screenings at the airport?
Which particular rights can we infringe upon in order to be safe? Any of them? All of them?
Give me liberty or give me safety!
Do you agree that for airport security everyone must be treated equally? last i checked getting on an airplane was not a right. If you dont like the screening process then choose a different means of travel. While I agree that TSA is stupid, it does have its place and certain regulations need to be enforced. If making everyone go through an X-ray machine would make it that much safer then so be it. You get more radiation from other things in your normal life than you will get from a simple x-ray. Fact of the matter is that an x-ray machine does not detect the kinds of materials being used against us. So the problem arrises, what do we look for?
This thought process goes hand in hand with everyday normal life. If I am doing something shady then i can expect that big brother will be listening. If I am not doing anything shady then why should I can if big brother is listening. Do you have something to hide? I not saying become a Nazi type system but seriously, if you are not doing anything wrong then why should you care if some kind of government service wants to check you out as long as it done with curtesy.
How do you think they catch those guys who tried to blow up that bridge? Maybe the goverment should of respected their privacy and let them go ahead and do what they wanted.
To me, the difference between Christianity and Islam is like the difference between Democrats and Republicans. In the future, the combination of religions and parties is going to be awesome.. Muslims cannot, and do not, keep religion out of their politics. Separation of church and state does not exist - they are one in the same. Gonna be awesome...
It seems Tennessee already mixes religion with politics, and enforces Christian sharia law.
No matter, muslims attacked the USA, it is what it is. They don't love or care about us. So stop the BS, they are not a "good" people, I know some, and they really are not good people. They are abusive, the women are pathetic slaves, they do not stand for freedom, therefore, they should not be here at all for any reason.
Observers of Shinto and Buddhists attacked our country in 1941. Anglicans attacked in 1812. Catholics attacked in 1846. Followers of Ani-Kutani attacked in the late 1700's.
We don't keep followers of those faiths and belief systems from coming into our country. We don't declare Japanese, British, Mexican, and Native Americans unworthy of our country. Instead we welcome all and simply expect them to obey our laws. When they do not we punish them. It should be no different for the faithful of Islam. WWJD?
How insecure are Christians these days?
Christians have a persecution complex. They WANT to be persecuted so badly.
I'm convinced they were poking the lions with sticks.
The next time Tennessee gets flooded or hit by a tornado, I will think twice before making a donation.
Who are you hoping to punish by that lack of action?