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The Islamic Center of Murfreesboro can build a new mosque just outside the city, a judge ruled Wednesday.
For now, at least.
Chancellor Robert Corlew III denied opponents of the mosque an emergency injunction that would block the construction of the project, saying they failed to prove that Rutherford County violated open meetings laws or illegally approved the site plan. In spite of the plaintiffs' fiery accusations that Islam is not a religion but a violent political movement looking to supplant U.S.laws, Corlew barely mentioned terrorism or public safety concerns, saying that the county's planning commission isn't the proper venue to vet such claims when approving a site plan.
"We cannot find that the county erred, acted capriciously, arbitrarily or illegally," Corlew said in his ruling.
But Corlew didn't let the county completely off the hook. He said he was troubled by a "striking lack of communication" between the county and residents in regard to how the meeting was advertised and even how members of the planning and county commissions were informed about the mosque proposal.
His decision came after hours of closing arguments and eight days of testimony that saw detailed minutiae of the county's planning process and allegations that the center's religious leaders and Islam as a whole were part of a seditious political movement looking to replace U.S. laws with Shariah law.
The lawsuit stems from the May approval by the Rutherford County Planning Commission of a 52,000-square-foot mosque on Veals Road. The Islamic Center of Murfreesboro, which has operated in the county for more than two decades, has indicated it outgrew its current site in the city.
Opponents have tried to tie mosque leaders with extreme views and ties to terrorist organizations such as Hamas.
J. Thomas Smith and Joe Brandon Jr., attorneys for the opponents of the mosque, have argued that the approval of the site plan in May was the result of shady backdoor deals that included poor notification, a lack of transparency and predetermined votes. And the end result, they said, put Rutherford County residents in danger.
"We need to take what has happened in Murfreesboro out of the shadows of Shariah and shine on what's happened in the light of freedom," Smith said in his closing statement.
Assistant County Attorney Josh McCreary said that despite allegations of terrorism ties and illegal backdoor dealing, the plaintiffs offered up little to no proof.
Instead, he said, the real issue was simple: Did the county follow the law in approving a simple site plan?
"The plaintiffs came in with their guns blaring saying they were going to prove all these many things, which they have not proven," McCreary said. "What the plaintiffs offered instead were unsupported allegations, personal accusations."
Corlew largely agreed with McCreary. He said the county appeared to follow its laws and regulations in approving the mosque.
He added that there also was no evidence that the Islamic Center of Murfreesboro practiced a militant form of Islam that would look to impose Shariah law upon unsuspecting county residents.
"In the suit we've been reminded that we too are bound by the law," he said. "We're not privileged to render decisions in accordance with our own opinions, whims or desires. We must follow the law."
Upon hearing those words, Brandon buried his face in his hands. As Corlew spoke for over an hour, he sat restless, put his forehead on the table and tugged at his shaggy hair.
After the hearing, Brandon hurried out of the courtroom without comment.
Laurie Cardoza-Moore, one of the plaintiffs and a key organizer in the opposition to the mosque, said that they hadn't decided whether to appeal the decision or continue to challenge the mosque in Rutherford County.
"Yes, the plaintiffs are disappointed with the judge's decision," she said. But she said they were happy that he heard their concerns and acknowledged that the county fell short in notifying the community.
Corlew said he hoped that after such an emotional hearing that the "healing process" could begin in Rutherford County.
But Brandon has said he'd appeal the case to the Supreme Court if necessary.
"I'm not gonna submit, I'm not going to convert, and I'm not going to back down," Brandon said in his closing arguments. "And neither are any of these three plaintiffs."
Contact Brian Haas at 615-726-8968 or bhaas@tennessean.com.
Judge Robert Corlew III rejected foes' arguments.
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