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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 http://www.newenglishreview.org/images/clear.gif 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 OBrien 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 didnt know anything about it. We cant even get to our homes without a video camera following us. We dont 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> http://www.newenglishreview.org/images/clear.gif Submit Your Comment <http://www.newenglishreview.org/blog_comment.cfm/blog_id/33744> Posted on 04/08/2011 8:07 AM by Jerry Gordon [Non-text portions of this message have been removed] ------------------------------------ -------------------------- Want to discuss this topic? 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