MURFREESBORO, Tenn. — A Rutherford County Chancery Court judge has denied a temporary restraining order request by opponents to halt any consideration of a proposed Islamic Center of Murfreesboro cemetery.
Chancellor Robert Corlew III denied issuing a restraining order Wednesday against the Rutherford County Planning Commission to prevent it from considering a proposed cemetery at the mosque, located on Veals Road in Murfreesboro.
In his ruling, Corlew cited the fact that in November the Tennessee Supreme Court denied an appeal and affirmed an appellate ruling, which overturned his decision, in favor of the Planning Commission on the grounds adequate public notice was given prior to approving construction of the mosque in May 2010.
“While the court understands (their) position, it is the duty of this court to recognize that the (Tennessee) Court of Appeals took jurisdiction over all of these matters,” Corlew said, adding a “mandate was issued enforcing the decision of the Court of Appeals.”
“This court no longer has jurisdiction to consider pleadings filed by the plaintiffs,” he said.
The ruling comes as another blow to Islamic Center opponents who have tried in vain to block the construction of the mosque, which opened in August 2012, for more than three years through numerous lawsuits.