[Vision2020] NSA Had No Legal Standing But They Could Appeal theCase?

Tom Hansen thansen at moscow.com
Thu Jun 30 07:14:53 PDT 2005


Again, Arnold?

Consider the city's noise ordinance (or whatever it is called).

If a neighbor has their stereo turned up too loud at 1:00 in the morning
(clearly in violation of city ordinance, kinda like a zoning code) and the
police are contacted (kinda like a complaint concerning zoning code
violations).  The violators are told to turn down their stereo.  They are
NOT told that since they were overlooked last time that it is alright to
continue violating the city's noise ordinance.

THE LAW IS THE LAW.  Is the concept to deep for you, Arnold?

Tom Hansen
Moscow, Idaho

"What is objectionable, what is dangerous, about extremists is not that they
are extreme, but that they are intolerant. The evil is not what they say
about their cause, but what they say about their opponents."

-- Robert F. Kennedy


-----Original Message-----
From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
On Behalf Of Donovan Arnold
Sent: Thursday, June 30, 2005 5:47 AM
To: johnd at moscow.com; nchaney at moscow.com; pegh at uidaho.edu; jon at n-k-ins.com;
jlmack1 at verizon.net; lpall at moscow.com; griedner at ci.moscow.id.us;
comstock at moscow.com; vision2020 at moscow.com
Subject: [Vision2020] NSA Had No Legal Standing But They Could Appeal
theCase? 

Logical Thinkers,

Mr. Huskey and several others on this list tried to
make the case that NSA had no legal standing at the
hearing which determined the fate of their property.
The case was in fact, in their opinion, between the
city and those who filed the complaint.

Thus NSA was not deserving of being able to prepare a
legal defense by getting copies of the charges against
them well in advance of hearing.

If it is indeed the case that NSA was given no legal
standing, why are they able to appeal a case? Should
not only those who filed the complaint or the city
administrator have been the ones able to appeal any
decision rendered by the BOA? 

If they do have legal standing, then they should have
been given copies of the information presented at the
hearing well in advance in order to prepare an
adequate defense of their property rights?

Can anyone name another legal process in the country
that follows the logic and legal set up of the Moscow
City Code and the rules established by the BOA? 

Clearly, the Moscow City Code has got some holes in it
and that is going to cost them all their time and
effort. They should make sure that the hearings were
fair and consistent with the law protecting property
rights and due process. 

Donovan J Arnold

 


	
		
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