[Vision2020] Doug Wilson again

[Bill London]

Doug Wilson has posted a message about the Moscow Food Co-op at his blog site:
http://www.dougwils.com/index.asp?Action=Anchor&CategoryID=1&BlogID=1075

That message is repeated below.

That message is about the legal challenge about the zoning violation of locating New St. Andrews College in the downtown business district (the challenge that was just upheld by the Zoning Board of Adjustment).  The zoning code for Moscow is clearly written to prohibit colleges downtown.
Wilson claims that the same zoning rules prohibit the Moscow Food Co-op from operating downtown.
Wilson is just plain wrong.  The zoning rules for the downtown business district list, first and foremost, "retail sales enterprises" and note only one exception.  Retail businesses selling bulky items like building materials, mobile homes, and trailers can not be located downtown.  The Co-op clearly is operating legally.
Wilson also claims that grocery stores (like the Co-op) are only allowed in motor business zones.  Not true.  While the zoning code for motor business zones does include grocery stores in a list of allowable retail enterprises, that list is designed to include examples.  The ordinance does not limit grocery stores only to that zone.

Mike Curley, the attorney for the citizens who are challenging the New St. Andrews College zoning violation, has addressed this question about whether the Co-op is in violation (www.zonemoscow.com).  Curley makes it clear that the Co-op as a retail establishment is welcome in the downtown business zone.

BL


---------------------  
Sauce for the Goose
Topic: Moscow Diversity Cleansing

Suppose something showed up at an official government kind of place Monday morning, and it looked something like this:

TO:CITY OF MOSCOW

ZONING ADMINISTRATOR

RE: ZONING COMPLAINT PER MCC 4-11-7

DATE: MAY 16, 2005

COMPLAINT

The Moscow Food Co-Op is expressly prohibited from conducting business at its intended location on 5th and Washington in downtown Moscow. We respectfully request that, as provided by Moscow City Code, you prevent and restrain the intended illegal use of the building.

CITATIONS

The Moscow Food Co-Op is a grocery store. Grocery stories are distinguished from retail enterprises, and are only allowed in the Motor Business (MCC 4-3-7(B)(1). The Moscow Food Co-Op is preparing to operate from a building located at 5th and Washington within the Central Business zone as shown by the city zoning map. Grocery stories are not permitted in the Central Business zone under any circumstances (MCC 4-3-5(B),(C), and(D). Therefore, the Moscow Food Co-Op is preparing to operate a prohibited and illegal business at its intended location. We therefore request that you immediately investigate and take action to order the Moscow Food Co-Op not to commence the illegal use of the building, as required by MCC 4-11-7.



________________________________

Charlie Nolan



________________________________

Dustin Bauer



________________________________

Joseph Hansen



________________________________

Mike Curley, Lawyer

Counsel to the Complainants



Now if such a complaint showed up (Monday morning), then it would demonstrate that the comments attributed to Mike Curley in tonight's newspaper were actually accurate. In the article he claimed that the recent zoning complaints against New St. Andrews College (upheld last night by the Moscow Zoning Board of Adjustment) were not personal, but rather legal. They are not concerned at all about the activities of the college, or the nature of the college, or whether the college is a good or bad neighbor. No, not at all said he.

Now, if he is to be believed, then maybe I somehow got an accurate copy of a complaint that these gentlemen will actually file against the Food Co-Op (Monday morning), just to prove to the world how consistent they are being. For, as the complaint above illustrates, the legal position of the Food Co-Op and NSA are identical. And, what's sauce for the goose is sauce for the gooser.

Anybody out there believe that this complaint is going to be filed by Mssrs. Nolan, Bauer, Hansen, and Curley? No? Well shoot, that speaks volumes about what is really going on here -- and what everybody and his cousin's dog knows.

If they will not, is anybody going to file a complaint like this, at any time? Seriously? I would be lying if I said I hadn't heard serious rumbles. But if it happens, and if I know the concerned parties, and if they are willing to listen to me, I will urge them to contact the above mentioned gentlemen, to invite them to attach their names instead. After all, as they have so ably taught us, this isn't about the nature of the entity concerned, it's about the law. 

Posted by Douglas Wilson - 5/13/2005 11:14:08 PM
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