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Judge shuts down mega-mosque construction
Court ruling says county avoided legal building-permit process
WND
5/29/2012
Excerpt:
"Work on a mega-mosque already well along in the construction process in Murfreesboro, Tenn., has been shut down – the existing building’s future uncertain – by a court’s ruling the county avoided the legal process required for granting building permission for the project.
The ruling said the county’s actions effectively violated the state’s Open Meetings law during the time when the mega-structure was being approved.
“The court finds that the action of the county was not sufficient to provide the type of notice to citizens of the county that such matters were to be considered at the meeting of the Rutherford County Regional Planning Commission which should be expected under our law,” said the opinion made public today from the Chancery Court of Tennessee, 16th District.
“Under the mandates of the statute, the court then finds that the actions of that commission regarding the Islamic Center of Murfreesboro were in fact void and of no effect.”
While there was a notice of the meeting in a local newspaper, the paper itself had “virtually no paid circulation,” and there was no showing of any notice on the county’s cable television station or on its website.
“The court assumed there was no ill intention or willful deception on the part of the county,” the ruling continued.
“We do not attribute any sinister motives to the county, though we note the undercurrent of the argument presented by the plaintiffs. We simply find that the county failed to publish the meeting…”
The opinion noted that under the county regulations there is not an entitlement to a public hearing, but there is a requirement that the public be properly notified.
It further said that the denial of permission for a building to be used “as a religious meeting place” must be done in a non-discriminatory manner.
Gary Kreep of the United States Justice Foundation, one of the attorneys working with the plaintiffs in the case, told WND the next step likely will be a renewal of the attempts by the county to grant building permission. He credited other attorneys on the case, Joe Brandon and Tom Smith, with arguing the case successfully.
He said the plaintiffs contended the process ignored several factors, including that the land where the now-unusable building stands formerly was a pig farm, which is supposed to be anathema to Muslims.
He called it a “political power move” on the part of the powers who wanted the mosque to be built."
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View the complete article at:
http://www.wnd.com/2012/05/judge-shu...-construction/
Court ruling says county avoided legal building-permit process
WND
5/29/2012
Excerpt:
"Work on a mega-mosque already well along in the construction process in Murfreesboro, Tenn., has been shut down – the existing building’s future uncertain – by a court’s ruling the county avoided the legal process required for granting building permission for the project.
The ruling said the county’s actions effectively violated the state’s Open Meetings law during the time when the mega-structure was being approved.
“The court finds that the action of the county was not sufficient to provide the type of notice to citizens of the county that such matters were to be considered at the meeting of the Rutherford County Regional Planning Commission which should be expected under our law,” said the opinion made public today from the Chancery Court of Tennessee, 16th District.
“Under the mandates of the statute, the court then finds that the actions of that commission regarding the Islamic Center of Murfreesboro were in fact void and of no effect.”
While there was a notice of the meeting in a local newspaper, the paper itself had “virtually no paid circulation,” and there was no showing of any notice on the county’s cable television station or on its website.
“The court assumed there was no ill intention or willful deception on the part of the county,” the ruling continued.
“We do not attribute any sinister motives to the county, though we note the undercurrent of the argument presented by the plaintiffs. We simply find that the county failed to publish the meeting…”
The opinion noted that under the county regulations there is not an entitlement to a public hearing, but there is a requirement that the public be properly notified.
It further said that the denial of permission for a building to be used “as a religious meeting place” must be done in a non-discriminatory manner.
Gary Kreep of the United States Justice Foundation, one of the attorneys working with the plaintiffs in the case, told WND the next step likely will be a renewal of the attempts by the county to grant building permission. He credited other attorneys on the case, Joe Brandon and Tom Smith, with arguing the case successfully.
He said the plaintiffs contended the process ignored several factors, including that the land where the now-unusable building stands formerly was a pig farm, which is supposed to be anathema to Muslims.
He called it a “political power move” on the part of the powers who wanted the mosque to be built."
................................
View the complete article at:
http://www.wnd.com/2012/05/judge-shu...-construction/
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