[Vision2020] NSA illegal?

Sat Jan 22 11:50:11 PST 2005

Tom:
This is not currently a City Council issue.  It first lands in the lap of Zoning Administrator 
(Community Development Director) Joel Plaskon.  The complaint was filed with him (as 
required by City Code).  He is charged with investigating and then taking action.

Anyone aggreived by that action can then appeal to the Board of Adjustment.  Appeal 
from B of A is then to City Council.  From there, one could appeal to the Courts (or 
could perhaps do so earlier, but Court's are unlikely to do much until the local process 
has run its course).

If the Zoning Administrator takes the action the Code specifies against NSA, such as 
telling them they must cease operating as a college at that particular location, the Code 
provides for a stay of enforcement (no action taken) during the appeal process--and the 
same would be usual--though not automatic--for court action.  Therefore, it is unlikely 
that NSA would have to stop or move operations anytime in the near future.  

Conversely, expansion of the college could, and as I read the Code should, be 
prohibited while the matter is pending.

Mike Curley

On 22 Jan 2005 at 10:56, Tom Hansen wrote:

This sounds like something that the Moscow Chamber of Commerce should strongly 
support.

Maintaining areas strictly for commerce (and retail outlet) purposes should (and would) 
attract future businesses to Moscow, Idaho.

How soon may we expect action from our city council. Realizing that we are currently 
distant from any election (and the absence of bare breasted women), our paid elected 
officials on the city council may place this topic on a back burner.

OR WILL THEY ? ? ?

Tom Hansen
Moscow, Idaho 

*************************************************

"When people sin, everybody has to pay."

- Douglas Wilson of Wilson, Inc. (dba Christ Church) (June 7, 2002)

*************************************************

From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com] 
On Behalf Of Art Deco
Sent: Saturday, January 22, 2005 10:41 AM
To: Vision 2020
Subject: Re: [Vision2020] NSA illegal?

Bill, et al,

This news is hardly surprising. It reflects thepropensities of the Christ 
Church Cult for dishonesty and illegal activities in the name of their 
alleged god and Douglas Wilson (some people sometimes confuse the 
two, including apparently Wilson himself) and long standing corruption in 
the City of Moscow with respect to planning, zoning, and development. I 
hope the newer city councilpersons will show some real moxie in this 
case. That is why they were elected in my opinion.

Kudos to the private citizens who, despite the obviously intentional lack 
of oversight by the city, have brought this matter, at their own private 
expense, to the attention of the public.

There are good reasons for keeping educational 
institutions out of downtown commercial cores 
and it has nothing to do with the nature of the 
institutions. 

Downtown commercial cores need to present a variety of vibrant shopping 
and service opportunities for the general public in order to remain 
commercially viable. Downtowns die when non-commercial activities 
replace shopping/service opportunities: because downtown 
shopping/service opportunities are diminished when noncommercial 
activities move in while malls/big box stores expand their shopping 
opportunities, fewer people use the downtown area. This causes some 
shopping/service providers to move or to fail which, in turn, makes the 
downtown area less desirable; the vicious cycle continues until the 
downtown area becomes a commercial disaster.

In my opinion as a former planning and zoning coordinator and since 
astudent of various kinds of development, I think it would be extremely 
foolish of the city to revise the zoning code to allow NSA to remain where 
it is at the risk of further endangering the commercial viability of the 
downtown area. Having dealt with a similar situation before, a court 
order demanding the illegal activities cease immediately and possible 
criminal prosecution is the most effective way to deal with such 
nuisances.

I look forward to hearing the perhaps ingenious explanations/excuses of 
the city's negligence in this case and the CCC's "innocent" denials 
(especially their and the city's explanations of why all the required 
building permits were not procured for the remodeling of the old [and 
sick] GTE building).

Art Deco (Wayne A. Fox)
deco at moscow.com

    ----- Original Message ----- 

From: Bill London 

To: vision2020 at moscow.com 

Cc: Nancy Chaney ; John Dickinson ; gina ; PEG HAMLETT ; prall at moscow.com ; 
Linda Pall 

Sent: Saturday, January 22, 2005 9:21 AM

Subject: [Vision2020] NSA illegal?

When New St. Andrews college moved into downtown Moscow two years ago, that use 
of downtown space was a violation of the city zoning ordinance.In the city code for the 
zoning of the central business area, schools are not a permitted use. 

"Commercial schools" like Leon's hairdresser school are permitted, but educational 
institutions are not permitted. You can read the code (see section 3.5) at:

http://www.ci.moscow.id.us/citycode/TITLE04/chapter3.pdf

The Daily News (Saturday, 1/22/05, page 3A) included an article (see below) about 3 
residents who filed a complaint with the city about this mistake.

Coupled with the NSA/Christ Church property tax scam, this seems to show a pattern:

1. incompetent legal advice to NSA/Christ Church leadership -- or -- a knowing violation 
of the law by the NSA/Christ Church officials

2. public-minded citizens forced to take their own time and resources to force the 
NSA/Christ Church to follow the law

3. lack of oversight bycity and county staff as well as Moscow City Council and Latah 
County officials.

BL

----

Daily News, January 22, 2005 
Complaint alleges New St. Andrews not 
permitted downtown by city code

Alexis Bacharach

A complaint was filed with the city of Moscow on Friday requesting operations at New 
St. Andrews College be discontinued in the downtown business district. 
Attorney Mike Curley, who represents plaintiffs Joseph Hansen, Dustin Bauer and 
Charles Nolan, said Moscow code prohibits public and private colleges in the central 
business zone. The private Christian college purchased the former Verizon building in 
2002 and moved into the facility in 2003. It is located at 405 S. Main St., on Friendship 
Square. 
"I suppose some people realized the operation of a college in the central business 
district was illegal and they wanted to stop it," Curley said about his clients' motivations 
in filing the complaint. " 
I expect the zoning administrator, as requested in the complaint, will investigate and 
take some action." 
Greg Dickison, attorney for New St. Andrews, said the complaint is baseless. 
"The college is not doing anything illegal," he said. "The college has been in touch with 
the city since it opened up there. To say we're violating the zoning code is absolutely 
silly." 
Hansen, a former student at New St. Andrews, said he has nothing against the school 
but believes its use is prohibited downtown. 
"I want (New St. Andrews) to stay in Moscow. I was a student there for two years, and I 
like (New St. Andrews) very much," he said. "It's just not supposed be in the central 
business zone." 
Moscow Community Development Director and Zoning Administrator Joel Plaskon 
confirmed he received the complaint on Friday, but refused to comment further 
Curley provided the Daily News a copy of the complaint, signed by Hansen, Bauer and 
Nolan. 
"New Saint Andrews College is expressly prohibited from conducting business at its 
current location in downtown Moscow," the complaint reads. " 
We respectfully request that, as provided by Moscow City Code, you prevent and 
restrain the continued illegal use of their building." 
According to Moscow City Code, central business zones are supposed to provide a 
'location for groups of compatible commercial uses ..." 
Permitted uses in the central business district include trade schools, churches, 
museums, libraries, police and fire stations and other public and private institutions. 
"New Saint Andrews College (NSA) is a private college defined as 'an educational 
institution' in Moscow City Code ...Educational institutions are not allowed in the Central 
Business District under any circumstances," 
the complaint cites from Moscow City Code. "Therefore, NSA operates a prohibited 
illegal business at its current location." 
Dickison is not sure what the next step will be for New St. Andrews. 
"We're exploring our options and we'll see what the proper response is," he said. 
* Staff writer Megan Doyle contributed to this story. 
Alexis Bacharach can be reached at (208) 882-5561, ext. 234, or by e-mail at 
abacharach at dnews.com. 
Megan Doyle can be reached at (208) 882-5561, ext. 237, or by e-mail at 
mdoyle at dnews.com. 

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