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<DIV><FONT face=Arial size=2>
<DIV><FONT face=Arial size=2><FONT face="Times New Roman" size=3><FONT
face=Arial size=2>Doug Wilson has posted a message about the Moscow Food Co-op
at his blog site:</FONT><BR></FONT><A
href="http://www.dougwils.com/index.asp?Action=Anchor&CategoryID=1&BlogID=1075"><FONT
face="Times New Roman"
size=3>http://www.dougwils.com/index.asp?Action=Anchor&CategoryID=1&BlogID=1075</FONT></A><BR><BR></FONT><FONT
face=Arial size=2>That message is repeated below.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>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.</FONT></DIV>
<DIV><FONT face=Arial size=2>Wilson claims that the same zoning rules
prohibit the Moscow Food Co-op from operating downtown.</FONT></DIV>
<DIV><FONT face=Arial size=2>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.</FONT></DIV>
<DIV><FONT face=Arial size=2>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.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>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 (<A
href="http://www.zonemoscow.com">www.zonemoscow.com</A>). Curley makes it
clear that the Co-op as a retail establishment is welcome in the downtown
business zone.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>BL</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>--------------------- </FONT></DIV>
<DIV>Sauce for the Goose<BR><B>Topic: </B>Moscow Diversity Cleansing<BR>
<P>Suppose something showed up at an official government kind of place Monday
morning, and it looked something like this:</P>
<P>TO:CITY OF MOSCOW</P>
<P>ZONING ADMINISTRATOR</P>
<P>RE: ZONING COMPLAINT PER MCC 4-11-7</P>
<P>DATE: MAY 16, 2005</P>
<P>COMPLAINT</P>
<P>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.</P>
<P>CITATIONS</P>
<P>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.</P>
<P> </P>
<P>________________________________</P>
<P>Charlie Nolan</P>
<P> </P>
<P>________________________________</P>
<P>Dustin Bauer</P>
<P> </P>
<P>________________________________</P>
<P>Joseph Hansen</P>
<P> </P>
<P>________________________________</P>
<P>Mike Curley, Lawyer</P>
<P>Counsel to the Complainants</P>
<P> </P>
<P>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
<I>all </I>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 <I>all </I>said
he.</P>
<P>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 <I>consistent </I>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.</P><I>
<P>Anybody </I>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.</P>
<P>If they will not, is <I>anybody </I>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 <I>their </I>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 <I>law</I>. </P><I>Posted by Douglas Wilson<FONT size=-2> - 5/13/2005
11:14:08 PM</I></FONT><BR></DIV></FONT></DIV></BODY></HTML>