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New Saint Andrews College Challenges Zoning Decision


News provided by

New Saint Andrews College

Aug 26, 2024, 14:52 ET

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MOSCOW, Idaho, Aug. 26, 2024 /PRNewswire/ -- New Saint Andrews College (NSA), based in Moscow, Idaho, is currently entangled in a legal dispute with the city's Zoning Administrator over the use of the college's administrative offices in its newly acquired Pierian gallery space. The ongoing dispute has raised concerns about the consistent application of zoning laws and whether NSA is being treated equitably under these regulations.

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College president, Benjamin Merkle, seeking to address the city council on August 19,2024. The city council did not permit him to continue his address to them in light of a pending hearing in early September.
College president, Benjamin Merkle, seeking to address the city council on August 19,2024. The city council did not permit him to continue his address to them in light of a pending hearing in early September.
The recently opened Pierian gallery, operated by New Saint Andrews College has been at the forefront of a growing tension with Moscow City Hall. The College believes it is being treated unfairly and hopes the pending hearing will be decided in its favor.
The recently opened Pierian gallery, operated by New Saint Andrews College has been at the forefront of a growing tension with Moscow City Hall. The College believes it is being treated unfairly and hopes the pending hearing will be decided in its favor.

Background and Zoning Dispute 
The dispute centers around the city's zoning regulations, specifically those related to the Central Business Zoning District (CB) in downtown Moscow. In 2019, the Moscow City Council passed an ordinance prohibiting the expansion of educational uses by colleges, universities, primary, and secondary schools within the CB. NSA has adhered to this ordinance, ensuring that its educational activities remain confined to pre-approved spaces.

NSA has historically complied with the city's zoning codes regarding its buildings and parking lots. Similarly, NSA has worked carefully with the City of Moscow's staff each step of the way regarding its administrative offices. These offices have been intended for activities like payroll, marketing, and fundraising, which are all non-educational functions that NSA and the City of Moscow's Board of Adjustment (BOA) believed were permitted under the existing zoning laws. However, the city's Zoning Administrator Cody Riddle now asserts that these offices constitute an "educational use" because they support the college's broader operations, constituting a reversal of his previous stance.

A fact worth noting is that the city staff has chosen the legitimate option to have no oral argument before the Moscow City Council which effectively silences the college during the staff's appeal. However, in Moscow City Code, the city staff always introduces the appeal. In this case, the staff is also the appellant which sparks an interesting dilemma.

Concerns About Zoning Application & Discrimination
NSA's leadership, led by President Benjamin Merkle, has raised concerns about what it views as inconsistent application of zoning regulations. The college contends that the reclassification of its administrative offices as educational spaces sets a challenging precedent for zoning enforcement. This shift, it argues, could lead to unpredictable and inconsistent zoning decisions in the future.

Although NSA has not made definitive claims, it has expressed concerns that the zoning decisions in this case may be influenced by factors beyond the technical application of the law, namely its religious and political distinction. NSA, founded by pastor Douglas Wilson, is known for its outspoken positions on contemporary cultural and political issues and its refusal to accept federal funding to maintain its educational autonomy. The college's digital content and academic philosophy have garnered both support and criticism, contributing to its polarizing reputation. Further, the college has observed that other educational institutions, such as the University of Idaho, have not faced similar restrictions from city staff despite engaging in comparable uses of space.

Looking Ahead
On September 3, 2024, the Moscow City Council will review the Zoning Administrator's appeal, a decision that could have significant implications for NSA's operations in downtown Moscow, particularly its use of administrative offices within The Pierian gallery space. NSA remains committed to working within the city's zoning framework and hopes for a resolution that ensures fair and consistent application of the law. However, it views the recent developments as a departure from fairness and a potential misuse of zoning power.

As this situation unfolds, NSA emphasizes the importance of fair and transparent governance and hopes that the city council will take all factors into consideration in their decision-making process.

Media Contact:
Lennox Kalifungwa
[email protected]
208-596-5405

SOURCE New Saint Andrews College

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