The Iconoclast
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Friday, 8 April 2011

Bradyville Pike Neighbors Join Plaintiff Action Against Rutherford County
et.al on Controversial Murfreesboro Mosque Project

 

by Jerry Gordon

 

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Unfinished Murfreesboro Mosque

 

Yesterday, lawyer Joe Brandon filed a Third Amended complaint in the matter
of the approvals by Rutherford County Planning Commission et.al. defendants
for the expansion project of the Islamic Center of Murfreesboro (ICM).  The
controversial 52,000 square foot grand mosque ICM project on the 15.2 acre
site located on Bradyville Pike in Rutherford County lies dormant after the
site clearing phase and a ruling against a requested temporary restraining
order by Judge Curlew last fall after 23 days of testimony before the
Chancery court in Murfreesboro.  You would have thought that would been a
daunting barrier to press ahead with the matter brought by the three
original Plaintiffs, Kevin Fisher, an African American county resident and a
leader of the protest opposition, Henry Golczynski, a father of a Marine
killed in combat in Fallujah, Iraq and Lisa Moore,  a  Jewish woman resident
of Rutherford.

 

Now, as evident in this amended complaint, eleven neighbors of the ICM
project on Bradyville Pike in Murfreesboro have signed on as additional
plaintiffs.

 

One of the untoward consequences of the
<http://www.newenglishreview.net/blog_display.cfm/blog_id/33448> ‘too
sympathetic and biased’ CNN Soledad O’Brien documentary on the Murfreesboro
mosque controversy, “ Unwelcome: Muslims Next Door” was that it gave a
platform for Brandon and prominent local backers, Sally and Howard Wall  who
gained a sympathetic ear with many local citizens and Americans who watched
the program that aired over two weekends. The result was that the Howes
received unsolicited phone calls and offers of funding support to carry on
the case.  We had noted in our
<http://www.newenglishreview.net/blog_display.cfm/blog_id/33448> report on a
focus group discussion by local Murfreesboro opponents of the ICM project,
the solid reasoning of lawyer Brandon on what the US Attorney for Middle
Tennessee and the Justice department, as well as the ADL thought was a
misguided approach; arguing against Shariah Islamic law. They filed amicus
briefs <http://www.newenglishreview.org/custpage.cfm/frm/73312/sec_id/>
during the Chancery Court proceedings last year suggesting that Islam was a
somehow an official religion under the Free Worship provisions of the First
Amendment and that the Religious Land Use and Institutional Persons Act of
2000 may have exempted the ICM under the usual and customary approval
process of the project by the Rutherford County Planning Commission.  Not
so, Brandon argued and those who testified in the proceedings. They put on
the hearing record
<http://www.newenglishreview.org/custpage.cfm/frm/73312/sec_id/>  evidence
of the radical Islamic Muslim Brotherhood connections to Palestinian terror
group Hamas of suspended ICM board member Mosaad Rawash and evidence of
Shariah compliance obtained during an ICM open House. 

 

What might also have emboldened Brandon and the plaintiffs to proceed with
the matter with this amended complaint were alleged consultations with David
Yerushalmi, Esq.   Yerushalmi had passed judgment on the handling of the
case in our interview
<http://www.newenglishreview.org/custpage.cfm/frm/77157/sec_id/>  with him
in published in the December New English Review.  Yerushalmi is the
architect of the American Law for American Courts that, in various versions,
is being heard this legislative season in several states, including
Tennessee.

 

In the news release issued by lawyer Joe Brandon, he cited the basis for the
filing of this Third Amended complaint:

 

The residents neighboring the property of the 52,000 sq. ft Muslim
Brotherhood Training Center fear for their property values, their safety,
their privacy and constitutional rights. The leadership of the Islamic
Center of Murfreesboro (ICM) has been linked to terrorist organizations and
has promoted anti-American and unconstitutional beliefs. Additionally, a
video surveillance camera has been place on a public utility pole to watch
neighbors come and go from their property. This form if intimidation should
not be allowed.

The complaint reads: “Come now the above-named Plaintiffs, by and through
Counsel, Joe Brandon, Jr. and J. Thomas Smith, tofile this Third Amended
Complaint seeking remedies for the violation of the “Open Meetings Act of
1974” - The Tennessee Sunshine Law (T.C.A.§ 8-44-101, et seq.), violation of
the law regarding public notice required for the approval of a 52, 000
square foot radical Islamic Cultural Center, and violations of the Tennessee
Constitution, pursuant to the Tennessee Declaratory Judgment Act, T.C.A. §
29·14·103.”

 

“The U.S. Constitution was written to protect the rights of Americans from
the power of government and the ill intentions of their fellow citizens.
This land we call home, this America we love, this freest of the nations on
Earth cannot allow the extremist ideas that are Shariah law to shred our
constitutional rights. The reason The United States of America has remained
so free is our beloved freedom of speech and the transparency of our
government." Said, Joe Brandon.

Brandon further stated, "Rutherford County government officials failed to
properly notify the public of a required zoning change, they denied the
Plaintiffs and residents their legal right to express their opinion and they
carried out illegal spot zoning. Furthermore, they misinterpreted the
Tennessee Religious Freedom Restoration Act (TRFRA) and acted on unsound
legal advice."

 

The complaint points out that Rutherford County government violated the
Sunshine Law, The Open Meetings Act and did not provide required public
notice of zoning changes. It points out that the cemetery and that 32,000
sq. ft. of the 52,000 sq. ft ICM facility is for non-religious activities
was wrongfully approved without following proper procedures as well.  The
32,000 sq. ft. includes a Shariah law teaching center.

 

As to the Bradyville Plaintiffs, “We joined this lawsuit because of concerns
for our community. The local government changed the zoning in our
residential neighborhood and we didn’t know anything about it. We can’t even
get to our homes without a video camera following us. We don’t know who owns
it. There is a direct connection between the ICM leadership and the Muslim
Brotherhood. We are concerned and do not intend to tolerate Bradyville Road
becoming a Constitution free zone.

 

We wish Brandon and all the plaintiffs well in the pursuit of this amendment
compliant against the defendants the Rutherford County Planning Commission,
et.al.  If, as rumored, worthy counsel  consulted with Yerushalmi, as
alleged, that might mean that a new day in court  may be better prepared
this time. We will report on how this latest turn of events unfolds in
Chancery Court in Murfreesboro.

 

 

 

 

Tags: Islamic center of Murfreesboro
<http://technorati.com/tag/Islamic+center+of+Murfreesboro> , lawyer Joe
Brandon <http://technorati.com/tag/+lawyer+Joe+Brandon> , Third Amended
Complaint <http://technorati.com/tag/+Third+Amended+Complaint> , Chancery
Court <http://technorati.com/tag/+Chancery+Court> , filing
<http://technorati.com/tag/+filing> , Bradyville Pike neighbors
<http://technorati.com/tag/+Bradyville+Pike+neighbors> , Additional
Plaintiffs <http://technorati.com/tag/+Additional+Plaintiffs> , Chancery
Court in Murfreesboro
<http://technorati.com/tag/+Chancery+Court+in+Murfreesboro> , David
Yerushalmi <http://technorati.com/tag/+David+Yerushalmi> , Shariah
<http://technorati.com/tag/+Shariah> , US Attorney for Middle Tennessee
<http://technorati.com/tag/+US+Attorney+for+Middle+Tennessee> , ADL
<http://technorati.com/tag/+ADL> , Tennessee Sunshine Law
<http://technorati.com/tag/+Tennessee+Sunshine+Law> , RLUPA
<http://technorati.com/tag/+RLUPA> , Sally and Howard Wall
<http://technorati.com/tag/+Sally+and+Howard+Wall> , NER
<http://technorati.com/tag/+NER> , Iconoclast
<http://technorati.com/tag/+Iconoclast>  

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<http://www.newenglishreview.org/blog_comment.cfm/blog_id/33744> 

Posted on 04/08/2011 8:07 AM by Jerry Gordon

 



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