The
Tennessean and the Murfreesboro
Daily News Journal report that a Tennessee state chancery court judge this week denied a motion to reconsider his decision handed down in May dismissing challenges (other than an open-meeting law challenge) to the Rutherford County Regional Planning Commission's approval of building plans for a controversial mosque in Murfreesboro, Tennessee. (See
prior posting). Chancellor Robert Corlew III wrote in part:
The allegations presented at the initial hearing include assertions that this structure will be used as a base to undermine our laws and our government, and perhaps even serve as a base for terrorist or military operations. Assuming for purpose of argument momentarily that such is true, were the Court to consider that after construction the Muslim congregation may begin to use the structure for terrorist activities, for example, as the Plaintiffs assert will occur, then it will be the duty of law enforcement personnel and codes enforcement personnel to halt the activities. The remedy, then, is that of halting the illegal activity and not resistance to the use of the land....
We have a duty equally to treat those whose religious beliefs are similar to the majority beliefs and to those whose beliefs are very different from the majority. If the zoning laws are too favorable to those seeking to build places of worship, then citizens should prevail upon their elected representatives to change those ordinances, but until they do the Court must apply those laws equally to Protestant Christians, Roman Catholics, Muslims, Buddhists and others.
