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

[Donovan Arnold]

Mr. Hansen,

You missed the point--entirely, I might add. First, my
neighbors do blast their radio at 1 AM and even 5 AM
in the morning and six household neighbors complain
regularly and nothing happens. But this is besides the
point.

If someone is given a ticket, or fine, they have the
right to be heard by a judge. They are not forced to
stand on the side lines while the judge and the people
that complained about the noise get to decide their
fate and their only recourse might be that they can
appeal if the judge and those complaining decide
something you do not like. With the appeal of course
only being about what the judge and what those who
complained being discussed, nothing new you wanted to
bring up like; you were not home that night, you do
not own a stereo that operates without headphones, or
that you are deaf, could be entered into the record. 

Again, what do you fear by allowing NSA a chance to
prepare and present a case (after being presented with
copies of the claims, not before)? By not doing so,
the council only puts in jeopardy any decision they
made. If you want to make sure your decision sticks,
you should make sure that you dot every "i" and cross
every "t". Allowing due process does not change the
law, it only makes sure that it is properly applied.
Why would any rational person, who wants justice, not
want the law applied fairly? 

Donovan J Arnold 

--- Tom Hansen <thansen at moscow.com> wrote:

> 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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