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VOL. 36 | NO. 23 | Friday, June 8, 2012
Midstate
Planning Commission votes to appeal mosque ruling
MURFREESBORO (AP) - Rutherford County's Planning Commission has voted to appeal a ruling that voided their approval of a new mosque.
The Daily News Journal (http://on.dnj.com/KyniUE) reports the commission voted for the appeal 6-1 at its Monday meeting.
Commissioner Will Jordan supported the idea, saying the judge's ruling asks the commission to discriminate against the Islamic Center of Murfreesboro by treating it differently from a neighboring Baptist church.
"I feel like we did everything correctly," Jordan said.
On May 29, Rutherford County Chancellor Robert Corlew ruled that the county did not sufficiently publicize a meeting two years earlier where the mosque was approved.
The county argued in court that it used the same procedure to publicize that meeting that it uses to publicize all of its meetings. It placed a legal advertisement in the print and web editions of local paper.
But Corlew's ruling implied that extra steps were needed in this case because the mosque was controversial.
The plaintiffs had tried to claim in court that mosque members were a danger to the community, but those claims were dismissed.
There has been a mosque in Murfreesboro for decades, but members want a new building because they have outgrown their current space.
Mosque construction has been ongoing during the course of the lawsuit and the initial phase is weeks away from completion. Members hope to finish the 12,000-square-foot multipurpose space in time for the Muslim holy month of Ramadan, which begins at the end of July.
But plaintiffs have asked the judge to stop construction, based on his ruling that the site plan approval was void. Corlew will hear arguments on the request at a Wednesday hearing.
At Monday's meeting, Planning Commissioner Craig Lynch was the only one to vote against the appeal. He suggested instead the possibility of holding another vote on the construction plan for the mosque. Corlew said in his ruling that the commission could remedy the problem with the approval by providing proper meeting notice and taking a second vote.
The Rutherford County Commission also is named as a defendant in the lawsuit. Commissioners will discuss on Thursday whether to join the appeal.