[Vision2020] NSA: CITY OF MOSCOW EXONERATED

[Johnny Flies]

NEW SAINT ANDREWS COLLEGE
MOSCOW CITY NOT NEGLIGENT

Visionaries:

The City of Moscow Community Development Department (CDD) never concealed 
any material facts from NSA. (The zoning text was available to everyone 
online at the Moscow City home page.)

No positive acts of any CDD official induced NSA to conduct its illegal 
activities in the NSA building. The CDD never certified that NSA’s 
higher-educational activities were permitted in the Central Business Zone 
(to have done so would have been malpractice).

The CDD has a finite staff and limited budget in which to administer all of 
Moscow’s land development regulations. The CDD does not have sufficient 
resources to ensure that every discretionary permit is applied for. The 
Moscow City Code (MCC) provides that zoning code enforcement action be 
triggered by third-party complaints, precisely because of its limited 
resources.

NSA had the sole duty and responsibility to apply for a zoning text 
amendment, before operating in the Central Business District (CBD). The CDD 
could not have certified that NSA’s higher-educational activities were 
authorized until such time as NSA applied for and received a zoning text 
amendment. NSA failed to apply for a zoning text amendment and, to this day, 
has not submitted an application to conform its illegal activities to the 
law.

NSA failed to purchase title insurance for zoning (see the “Standard Zoning 
Endorsement” in the Standard American Land Title Association Title Insurance 
Policy). NSA failed to have an attorney review its plans for compliance with 
zoning. NSA should have known that its higher-education activities were 
prohibited in CBD.  NSA officials had known that their prior 
higher-educational operations, at the residence of Chris Schlect, were 
prohibited in the R-4 Multifamily Residential District. NSA, therefore, has 
engaged in a continuing course of zoning-code lawlessness.

Under the Idaho Tort Claims Act, City officials have NO legal responsibility 
to ensure that an applicant acquire all necessary permits and obey all 
relevant laws, i.e., the permittee is charged with the knowledge of all 
applicable zoning and development regulations and has no one else to blame 
but itself for its own negligence. The Idaho Tort Claims Act states:

A governmental entity and its employees while acting within the course and 
scope of their employment and without malice or criminal intent shall not be 
liable for any claim which: 1. Arises out of any act or omission of an 
employee of the governmental entity exercising ordinary care, in reliance 
upon or the execution or performance of a statutory or regulatory function, 
whether or not the statute or regulation be valid, or based upon the 
exercise or performance or the failure to exercise or perform a 
discretionary function or duty on the part of a governmental entity or 
employee thereof, whether or not the discretion be abused. 3. Arises out of 
assault, battery, false imprisonment, false arrest, malicious prosecution, 
abuse of process, libel, slander, misrepresentation, deceit, or interference 
with contract rights. (Section 6-904 I.C.)

NSA needs to step up to the plate and accept responsibility for its own 
negligence and immediately discontinue its illegal operation.

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