Mosque opponents take case to Tenn. Supreme Court

Scott Broden | The (Murfreesboro, Tenn.) Daily News Journal

Show Caption Hide Caption Mosque opponents appeal to Tennessee Supreme Court Plaintiffs’ attorneys Joe Brandon Jr.

State appeals court ruled in favor of Islamic Center of Murfreesboro

Mosque spokesman says opponents wasting taxpayers%27 money

Opponents say mosque wants to bring Shariah law to county

MURFREESBORO, Tenn. -- Plaintiffs opposed to the county's approval of a mosque construction project have filed an appeal to the Tennessee Supreme Court, their attorney says.

The plaintiffs hope the state's top court will overturn an state appeals court decision that upheld the Rutherford County Regional Planning Commission approval of the Islamic Center of Murfreesboro's plans to build a new mosque.

Plaintiffs' attorneys Joe Brandon Jr. of Murfreesboro and Thomas Smith of Franklin filed the appeal Monday.

The appeals court overruled a May 2012 decision by local Chancellor Robert Corlew III that said the county failed to provide adequate public notice before planning commissioners approved the Islamic Center's plans to construct a new, 52,960-square-foot building. A federal court in Nashville earlier had intervened at the request of the U.S. Department of Justice and the Islamic Center and determined that the local case violated the congregation's First Amendment religious freedom and land-use rights.

The center completed the first 12,000 square feet last August and have plans to eventually add a gym, indoor pool, classrooms for a weekend religious school and other facilities.

The federal court decision upset the plaintiffs.

"It's nonsense that we got robbed by the Department of Justice and the federal court," Brandon said Tuesday. "They tried to strong arm and bully everyone in sight, and we're not going to tolerate that."

Saleh Sbenaty, a board member with the Islamic Center of Murfreesboro and a professor at Middle Tennessee State University, questioned why opponents continue to appeal the case.

"We have already wasted enough energy and money on this issue," Sbenaty said. "We have been here for over 30 years. This is our home. We are productive members of our community. We have no other place to go."

Sbenaty questioned what Brandon hopes to accomplish.

"He's doing nothing but chasing ghosts and wasting taxpayers' money trying to do that," Sbenaty said.

Brandon disagreed.

"I understand that they want Shariah law (ethical codes of conduct for Muslims) in Rutherford County," said Brandon, who contends that opponents have a right in civil court to examine whether local Muslims pose a threat, even though Corlew ruled that such issues should be left to law enforcement. "What is wrong with wanting to ask questions about direct ties to terrorism? What's the harm in that? Why do we have to undergo cavity searches at the airports? It's because of the Muslims."

The ICM serves about 1,000 members, including an estimated 500 Middle Tennessee State students, said Sbenaty.

Since buying 15 acres to build the new mosque, the congregation has endured vandalism, arson and a bomb threat.