Murfreesboro Mosque Neighbors Permitted To Intervene In Justice Department's RLUIPA Suit

In United States v. Rutherford County, Tennessee, (MD TN, Aug. 29, 2012), a Tennessee federal district court permitted neighbors of the Islamic Center of Murfreesboro to intervene in a RLUIPA lawsuit brought by the Justice Department.  In earlier proceedings in the case, the United State obtained a temporary restraining order requiring county officials to expedite the issuance of an occupancy permit for the controversial mosque in Murfreesboro.  (See prior posting). At issue is a decision by a state court that the county violated the state's Open Meetings Act when it publicized the Planning Commission meeting only in the Murfreesboro Post. The court held that intervenors will be limited to presenting their position on whether the Chancery Court Orders constitute a land use regulation under RLUIPA and, if so, whether they impose a substantial burden on the Islamic Center's free exercise of religion. Intervenors will not be able to raise issues relating to their allegation of connections between two mosque board members and Hamas. The Tennessean reports on the decision.