Opponents of the Murfreesboro mosque took their case to the Tennessee Supreme Court Monday, filing a petition to appeal against an earlier judgment in favor of the building’s construction.
The application for appeal attempts to overturn a recent Tennessee Court of Appeals opinion that reversed a June 2012 Rutherford County Chancery Court ruling that the Rutherford County Regional Planning Commission erred in their approval for the Islamic Center of Murfreesboro under the Open Meetings Act.
The Court of Appeals ruled that there was adequate notice of the approval of the ICM site, but Monday’s suit takes issue with several facets of the notice procedure and site preparedness processes.
“It would be easy and even politically correct for this Court to look at the style of this case and refuse to consider the legitimate, yet controversial issues involved,” the suit reads. “In essence, that was the opinion of the Tennessee Court of Appeals.”
The suit alleges that if the Court of Appeals decision is upheld, it will sanction a legal standard that conflicts with prior case law.
The case requests that the Tennessee Supreme Court overturn the decision and reinstate the Chancery Court judgment.
The Islamic Center of Murfreesboro opened in August 2012.