[Vision2020] One Interpretation of Moscow's Land Use Code

[Tbertruss at aol.com]

All:

I am not a trained attorney, I just play one on TV.  But it seems the 
discussion on V2020 about the legality of the current location for NSA is getting 
messy.  Here is an attempt to clarify some of these issues.

First off, Donovan, the law states, if I understand correctly, that the focus 
on not allowing "educational" as opposed to "commercial" schools is just 
that, focused on schools, not other entities operating as nonprofit.  So the other 
nonprofit entities that are not schools that you are using as examples for 
argument do not appear to me to be relevant to this discussion.

There are at least two variables that are at issue here.  Can NSA be defined 
as "exempt" from taxation while still being defined as a "commercial" school 
that would be allowed in the downtown core?  Saundra has highlighted this 
seeming conflict, though I have suggested that a "commercial" school could be 
defined in terms that do not hinge essentially on whether or not it is operated as 
a for profit entity.  But if Saunda was correct, and a tax exempt school is by 
definition nonprofit, and thus not a "commercial" school, this creates a 
serious problem in the law regarding NSA's current location. 

And the second variable is how the law in this case exactly defines the 
distinction between a "certified" educational institution and a "commercial" 
school, and what sort of official certification NSA has, if any.  Some have 
presented evidence that NSA is certified in a manner that renders it an "educational" 
school rather than "commercial," so it should be kept out of the downtown 
core.  Others have argued it is not really certified as an "educational" 
institution, so then what sort of school it is legally?  Commercial, educational, 
or...?

It is possible there are inconsistencies and/or poorly defined terms in the 
law regarding the operation of commercial as opposed to educational schools in 
the downtown core that render an exact and flawless application of the law in 
this case problematic.

Regarding NSA reducing the cash flow into downtown core businesses by 
occupying parking, NSA may bring shoppers spending money into the downtown business 
area, just as the U of I and WSU brings student and faculty shoppers with money 
to businesses operating all over the Palouse.  The parking taken by NSA 
related personages may not subtract from the overall amount of money being spent 
directly out of wallets in the downtown core.  A study would be required to 
determine whether the NSA related patronage of downtown businesses does subtract 
from the amount of money that would be spent if NSA was, for example, still 
occupied by Verizon.  How many parking spaces are taken in downtown Moscow by 
students and faculty from U of I and WSU?  Quite a large number, I would surmise. 
 And no, in many cases I cannot tell the difference between a "student" 
shopper and a "business" shopper.  All most businesses care about is whether the 
shopper has money flowing their direction.

Of course NSA's tax exemption does subtract from the property tax base, but 
this is not the same equation as the equation regarding the money out of 
wallets being spent by individuals as they patronize businesses in person when they 
park downtown.

Also, Donovan, Verizon did operate a phone mart/store selling goods where 
Zume's now resides, and of course Goodwill's average sales total for a day of 
operation would surprise many!  

Nonprofits get funding from a variety of sources, and certain types of 
nonprofit entities with a lot of state or federal or private funding, such as for a 
charity, could inject a large boost into a local economy.  The military bases 
all over the USA are a huge economic boon to the local economies in those 
areas to such an extent that closure of any of these bases becomes a critical 
factor in the survival of some cities.  This demonstrates an example of a 
nonprofit entity injecting huge amounts of cash into a local economy.  Therefore I do 
not think that the assumption that nonprofit entities always subtract from the 
economic activity in a city to be a valid principle. 

Tune in next week for more exiting drama from "Legal Eagles V2020," the TV 
show where no real lawyers ever comment, because what fool would go through law 
school to give their skills away for free on a public list serve?

$$ Rules!

Ted Moffett
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