Update: Lawsuit filed by Mosque foes who seek high court review

MURFREESBORO — Plaintiffs who sued the county about public notice in consideration of mosque plans sent an appeal overnight to the U.S. Supreme Court Wednesday.

Plaintiffs’ attorney Joe Brandon Jr. of Murfreesboro said he expects the case involving the Islamic Center of Murfreesboro (ICM) to be filed with the nation’s high court by Thursday.

“Under the rules, it must be postmarked by Jan. 29,” Brandon said during a phone interview Tuesday.

Although the plaintiffs convinced local Chancellor Robert Corlew III by June 2012 that the county failed to provide adequate public notice, a federal court overruled him nearly seven weeks later to clear the way for the ICM to move into its building.

Brandon said he’s confident the majority of the nine justices will decide to hear the lawsuit because a lower U.S. District Court in Nashville violated the top court’s rule for lower federal courts to stay out of cases that are still being reviewed at the state level.