[Vision2020] Daily News Jun 30 Editorial
Kit Craine
kcraine at moscow.com
Sat Jul 2 10:53:28 PDT 2005
This is in response to the June 30, 2005 editorial in the Daily News
which suggests the Moscow City Council should immediately revise the
Zoning Code to accommodate New Saint Andrews College in the Central
Business District so the college won't take the City to Court.
My question is: why should the City rewrite the code in order to stop
them? Much less, rush it through in the middle of the summer?
The City Council has determined that the use of the NSA building is a
violation of the Zoning Code. Under the same code (Title 4, Chapter
11), it is illegal to use or occupy or to permit the use or occupancy
of premises which are not in compliance with the code; any person or
corporation who permits the use is committing a misdemeanor (a criminal
act); the City has a mandatory duty to enforce these laws. Although the
Council may regret the situation, under State code it is not liability
for mistakes made when issuing permits.
Given all that, why should the city turn its back on the law to
accommodate something that is illegal?
If New Saint Andrews wants to use their financial resources disputing
the Council's decision in District Court, that is their choice. But
under its own code, the City has no option. It must enforce the law.
Kit Craine
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