[Vision2020] NSA illegal?

[Michael Curley]

Oh Captain, My Captain:
Now, let's be fair.  NSA was ordered last summer by the Latah County 
Commmissioners to be taxed on one-half of the building because it was not exclusively 
used for educational purposes.  I believe the NSA appeal of that determination is 
pending--if unsuccessful, they will be required to pay tax on that half of the building for 
this tax year, but not for prior years.  

Second, there is a bit of ambiguity in the "conduct illegal business" phrase.  The 
business itself is, of course, not illegal.  It is only "illegal"  (the City Code does use that 
word) for them to conduct their particular business in the Central Business District 
(downtown basically).

Regards,
Mike Curley



On 22 Jan 2005 at 11:42, Captain Kirker wrote:

Let’s see, they don’t pay property tax on the building they use to conduct illegal 
business. Don King was right, “Only in America.”

Bill London <london at moscow.com> wrote: 
    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. 




Do you Yahoo!?
Yahoo! Search presents - Jib Jab's 'Second Term'